Damages for non-return of deposit ?

[landlord]

This is in CA.
I had a tenant who didn't take care of the place, and did not clean up after he left. This was four months ago.
I was holding half months rent and secrity deposit from him, which I did not return.
He has now filed a claim in the court asking for the money as well as damages.
Would I be liable to pay damages ?

 

[Roger R]

That depends on the facts. If he did not meet his obligations you'd be entitled to claim the damages. Be prepared to demonstrate what is involved that justifies your keeping the deposit. Pictures demonstating the mess left behind, paid bills to show who you paid to clean it up, etc would help.

 

[jcouch]

Hopefully, you followed CA law and notified him within 21 days as to the disposition of his deposit. Otherwise, he can sue you for bad faith withholding and receive punitative damages of 3X the amount withheld.