Landlord refuses to give back security deposit

[asianboi]

It's been over 21 days since I moved out and my landlord hasn't return my security deposit of $2550, He is claiming repairs and damages to be close to $10000, which I don't see it. I have not got any receipts or invoice yet. I sent him a demand letter requesting my full refund within 7 days or I will be taking him to small claims court. He they call be back when he got the demand letter, and he was furious.. He was yelling on the phone and using profanity, and I also feel threaten after what he had said that he will come after me and my children. I felt feared. At this point what do I do from here, or how do I report this, I just want to negotiate, and I was asking receipts and statements. Do I file a restraining order because I now don't feel safe.

 

[STEPHAN]

And what state is this?


(Why did you delete the question about the state? It was intentionally put there...)

 

[BL]

It looks like small claims court is the next step.

What State ?

 

[asianboi]

state of california

 

[STEPHAN]

Did you send him your new address? If Yes, can you prove it? Or do you have mail forwarding with USPS?

 

[asianboi]

Yes he has the new address, He actually sent an itemized statement after 21 days from the day I moved out, but no receipts plus he says their are more repairs being done.

 

[STEPHAN]

Oh, he did?!

Well what is wrong with the itemized statement?

 

[asianboi]

On the itemized statements, there are unexpected charges with no receipts or proof, which totals around $4500,

 

[Zigner]

Feel free to sue for your deposit in small claims court. Expect a counter-claim for the full amount of the security deposit AND the additional damages.

 

[asianboi]

Can he still counter claim if I win in small claims court?

 

[Zigner]

Can he still counter claim if I win in small claims court?

Yep. My earlier statement wasn't quite correct. He'll actually be suing for the full amount of the damages without regard to the security deposit issue. You may win on your claim, but he'll win on his too. You get the SD back, but would still be responsible for the full amount of the damages. In essence, you'll still be out the S.D. + the additional damages.

ETA: That is assuming, of course, that he wins his counterclaim.

ETA (again): Note that his would have to be a counter-claim. If he sues you for the additional damages and YOU win on the timing/statement issue, then he'd likely have to return the deposit.

 

[asianboi]

Well according to California law the deposit must be made within 21 days after the renter has vacated the premises. And its been more than 21 days without receipts

 

[Silverplum]

Well according to California law the deposit must be made within 21 days after the renter has vacated the premises. And its been more than 21 days without receipts

Receipts are not required within 21 days if the work is ongoing: http://www.courts.ca.gov/1049.htm

Is the work ongoing? Yes, I see in post #6 that it is. Landlord is within the law.

Why does the landlord say you did $10K worth of damage?

 

[Zigner]

Well according to California law the deposit must be made within 21 days after the renter has vacated the premises. And its been more than 21 days without receipts

Again, if you sue for the deposit, it opens the door for him to sue for the full amount of damages. You may "win" but he can also "win" which means you lose.

 

[asianboi]

Yes, he says the work is still ongoing, and estimates to be close to 10000 in repair and damages, can he authorize work to be done in that amount without my consent? Can he just throw me the bill and expect me to pay this without letting me know what kind of work is being done? It has been exactly 1 month since I moved out..