Reposting...Landlord issues

[Judyb]

What is the name of your state? CA

We now live in Redwood City but the landlord dispute occurred in san diego.
While my husband was on a freelance job in San Diego he had stayed in a property owned by Mr James Eric Gilbert (Realty Executives, c/o Jim). He has always paid rent and utilities on time. The exact date he moved in was on 12/13/06 and moved out on 3/9/07 so it was about 3 months or so.
When my husband lived there the place was dirty and in a mess but he never complained and cleaned it up himself. Our problem is that after he stayed there (on a month to month basis) and after giving "Jim" a one month notice before leaving...since it was a freelance job, and they can let you go at any time...it has been 3 months and he REFUSES to send us the $450 deposit. My husband made sure to clean up the place for inspection ....so that it was spic and span so to speak. The day of the inspection my husband calls "Jim" on many occassions to come in to give the final walk through to see if everything looks good but Jim's response was that he cannot come to take a look as he is too busy. He instead tells my husband to send him the keys in the mail and when he has time he will take a look. So, this is exactly what my husband does.
About two weeks later my husband calls him and asks if he has received the keys and taken a look at the place and he says yes, and that things look pretty good...meaning nice and neat. My husband asks for the deposit money and he says he will send it in the mail. Two weeks later and still there was no sign of the deposit so my husband called hm again. To make a long story short it has been this way for about 3 months now...constantly calling and still being lied to. We would like to know if you can help us, please? We have a copy of the housing agreement , some pics my husband took of the place, roomate complaints etc. Bascially, the last time my husband called him was this Sunday and they got into a fight as Jim was complaining and saying he isn't going to pay and he wanted this and that done.. etc. JIm has been taken to court on a couple of occassions as well for similiar situations. We just want our depoisit back....by law 3 months is too long as it is.
Can you help us?
Your helps is greatly appreciated,

 

[dcatz]

Q. Can you help us?

A. What kind of help do you want? On the facts posted, your former landlord is in violation of Calif. Civil Code §1950.5, and you can read that here:
http://www.leginfo.ca.gov/calaw.html
If you read it carefully and comply fully with your obligations as a tenant, it would appear that you could sue your landlord in Small Claims Court (in San Diego) and probably get a judgment for your security deposit and the bad faith statutory damages available under §1950.5(l), which are up to twice your security deposit.
If you do that and are successful but can’t collect, come back here and post anew.

 

[john123456]

What is the name of your state? CA

We now live in Redwood City but the landlord dispute occurred in san diego.
While my husband was on a freelance job in San Diego he had stayed in a property owned by Mr James Eric Gilbert (Realty Executives, c/o Jim). He has always paid rent and utilities on time. The exact date he moved in was on 12/13/06 and moved out on 3/9/07 so it was about 3 months or so.
When my husband lived there the place was dirty and in a mess but he never complained and cleaned it up himself. Our problem is that after he stayed there (on a month to month basis) and after giving "Jim" a one month notice before leaving...since it was a freelance job, and they can let you go at any time...it has been 3 months and he REFUSES to send us the $450 deposit. My husband made sure to clean up the place for inspection ....so that it was spic and span so to speak. The day of the inspection my husband calls "Jim" on many occassions to come in to give the final walk through to see if everything looks good but Jim's response was that he cannot come to take a look as he is too busy. He instead tells my husband to send him the keys in the mail and when he has time he will take a look. So, this is exactly what my husband does.
About two weeks later my husband calls him and asks if he has received the keys and taken a look at the place and he says yes, and that things look pretty good...meaning nice and neat. My husband asks for the deposit money and he says he will send it in the mail. Two weeks later and still there was no sign of the deposit so my husband called hm again. To make a long story short it has been this way for about 3 months now...constantly calling and still being lied to. We would like to know if you can help us, please? We have a copy of the housing agreement , some pics my husband took of the place, roomate complaints etc. Bascially, the last time my husband called him was this Sunday and they got into a fight as Jim was complaining and saying he isn't going to pay and he wanted this and that done.. etc. JIm has been taken to court on a couple of occassions as well for similiar situations. We just want our depoisit back....by law 3 months is too long as it is.
Can you help us?
Your helps is greatly appreciated,

Judy:

This may be easier to decipher.

http://www.courtinfo.ca.gov/selfhelp/other/landtenqna43.htm

After a tenant moves out, a landlord has 21 days in which to either return the tenant's security deposit or give the tenant a written statement of why all or part of the money is being kept.

The tenant should be sure to leave a forwarding address with the landlord when moving out. A landlord can legally withhold money from the security deposit for:
• Unpaid rent;
• Repair of damages to the unit (except ordinary wear and tear) caused by the tenant or guest of the tenant;
• Cost for cleaning the unit in order to return the unit to the same level of cleanliness it was at the start of the tenancy, if the tenant's right to occupy began after January 1, 2003 [California Civil Code § 1950.5(b)(3)].

However, the landlord may only claim those amounts that are reasonably necessary for these purposes, and the landlord may not charge the tenant for damages to the unit or any defective conditions that existed when the tenant moved in or for normal "wear and tear".

Deposits cannot automatically be non-refundable or be used to cover ordinary "wear and tear" that occurred during the tenancy, or for the cumulative effects of ordinary wear and tear occurring during any one or more tenancies. [California Civil Code § 1950.5(e).]

If the landlord does not give the security deposit back to the tenant (or give the written statement why some or all of it is being kept) within 21 days, he or she loses the right to retain any of the security deposit, and must return the full amount to the tenant. The time for return of the security deposit may be longer in certain situations. [See California Civil Code § 1950.5(g).]

If the landlord fails to return the security deposit or makes a bad faith claim to retain the security, the tenant may sue the landlord in small claims court (if the amount in question is $5,000 or less), and the court may award statutory damages of up to twice the amount of the security deposit, in addition to actual damages. [See California Civil Code § 1950.5(l)].

However, if the security deposit does not cover the amount of any unpaid rent or damages caused by the tenant, the landlord may both retain the security deposit (after making the proper written statement) and take legal action to recover additional money that the tenant owes for any damages or unpaid rent.

 

[dcatz]

I agree. It is easier to decipher. But, if it motivates you to sue, I'd still suggest reading the full Code section and not relying on just that information.

First, it's dated. The jurisdictional limit is now $7,500, not $5,000. But, more importantly, you should understand what is required of you to establish bad faith. That's the difference in filing and serving costs and going to San Diego from No. California for $450 or $1,350.

If you go for either amount and prevail and don't get paid voluntarily (likely), look at one of your old rent checks. The endorsement on the back will give you the landlord's bank for a levy. If that's not enough, come back as I suggested. There are other and even better enforcement tools, but they also take more time and work. (Hint: if you go and win, take the time to stop and make a list of current tenants' names.)