Landlord steals security deposit (page 3)

besty

you can see my concern that this thread would be a discussion about applicable law.

i have an attorney.

i was looking for alternative ideas.

thanks to all, especially those who read my question and answered their own ;-)

PEC

Many properties in California are worth less than half, of what was paid for them. If your landlord owns one of them, you are not likely to get anything from him.

If you find someone to buy your debt, let me know, as I may have use for them, in the near future.

I have some dead beat, don't want to work, to pay their rent tenants. And stupid me, I only collected 1X the rent, for a deposit. I guess I should count my blessings, I have only had to evict one set of tenants in 27 years, this will be the second.

Philip

DJK

I have always applied my security deposit to my last months rent. Never been a concern for me.

PEC

DJK, that is what the tenants, that I had to evict, tried to do and they got an eviction, on their credit for the next 10 years.

Philip

Simon

The landlord does not have the money and is therefore stealing my deposit.

Here in Canada the deposit has to be put in a separate bank account and you also get the interest paid on it when it's returned.

I know someone who has had problems getting their deposit back because of claimed damages that either don't exist or are really normal wear and tear ... unless you have the money to risk and apply to getting your other money back then it may be an big issue for many people which isn't fair.

The Almighty Homer

I would mail or hand deliver all those legal documentations regarding landlord tenant by-laws to this landlord

with your name attached of course just to let this particular landlord know that you are aware of all these certain by-laws.

If that has already been done and no action by the landlord has occurred then you should proceed to file a case in small claims court to retrieve the deposit.

Usually when thats done the court will issue a notice to the landlord that claim has been filed, in doing so this usually sparks an intuitive by the

landlord to resolve the dispute before it does go before the courts.

Assuming you have documentation of the deposit on hand then you should be in good shape to get all of it back perhaps even some extra costs if the

court finds you without fault. Play a psychological game with the landlord by threating to take them to court and in most cases they will reslove the problem

before that happens. Good Luck

besty

to complicate the issue as follows:

- the landlord has moved back into the rental property with her 9 year old son - courts aren't likely to approve an involuntary bankruptcy resulting in her becoming homeless

- she has no equity in the property

Same here in CA Simon - she *should* have had the money in a separate account and technically she will be liable at 10% per annum on the amount owed

almighty homer - we have incontrivertible proof of payment, the judgement, probably with 2X damages, will be easy. The recovery will be the challenge.

The Almighty Homer

She has no equity in the property....... that sounds bit strange surly the property has some value and if she has a mortgage on it,

that would show value in the courts.

Realistically it shouldn't matter if the landlord moved back into the property that she had rented, you had previous legal agreement.

If she didn't hold the deposit as she should have, thats her tough luck, then she just has to pull money from somewhere or someone else.

Look at it this way if you don't pursue in getting your deposit back, then all your doing is rewarding her for her irresponsibility and thats not a good thing.

Even if she's not in a good financial state the court will decide how to handle the repayment, even if it has to be returned to you proportionately.

Somehow when these things occur people can find money from somewhere, you just have to be persistent in your efforts.

core

Here in Canada the deposit has to be put in a separate bank account and you also get the interest paid on it when it's returned.

Same here in UK _ Govt has established several Trust Companies to hold the monies - Landlord has not control over it - a Criminal Offence if he does not put deposit funds into the Trusts

besty

She has no equity in the property

she is upside down - no equity. nada. nil. nothing.

Realistically it shouldn't matter if the landlord moved back into the property that she had rented, you had previous legal agreement.

It doesn't matter for winning the suit - it does matter for attempting to use that asset for recovery - judges don't like making people homeless via involuntary bankruptcy, and even if that were to happen I would still have to get in line with other creditors. Bear in mind she is in fact upside down on the house.

If she didn't hold the deposit as she should have, thats her tough luck, then she just has to pull money from somewhere or someone else. Look at it this way if you don't pursue in getting your deposit back, then all your doing is rewarding her for her irresponsibility and thats not a good thing. Even if she's not in a good financial state the court will decide how to handle the repayment, even if it has to be returned to you proportionately. Somehow when these things occur people can find money from somewhere, you just have to be persistent in your efforts.

Completely agree - like I've been saying the court judgement is the easy bit - recovery on that judgement will be much more difficult.

Landlord steals security deposit

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