OK to cash partial security deposit check while in dispute?

[mlq4296]

What is the name of your state (only U.S. law)? CA

My landlord returned half of our security deposit back to me in September. However, I have tried to collect the other half from the landlord to no avail and now I want to sue him in Small Claims. However, I will be out of the country until March 27 and the check he sent me will expire by then, and thus I will not be able to sue him until I get back. Is it ok to cash this check and not affect my rights to sue? The check nor the paper says anything about it being final if I decide the cash the check but I have read on other forums that it is not good to cash the check if I decide to sue.What is the name of your state (only U.S. law)?

 

[Banned_Princess]

yea you can cash it, as long as you have issued a letter of dispute first.

 

[chico landlord]

cashing security deposit

You are in ca. there are specific things the landlord must do to keep a security deposit amount for more than 126.00. did LL provide any reciepts and a disposition paper within 21 days of you moving out? I have sued and been sued several times on this issue so i can assist you on your rights . I own 34 units and manage another 26 units and have a unlawful detainer license.

 

[mlq4296]

The landlord sent the disposition paper and check on Sept 23 (lease expired August 31). We then sent a letter requesting receipts on September 28 and October 5. We sent a demand letter on October 18. We did not get the receipts until November 12. Since this time, we have not heard anything, even though I have made a couple phone calls. I have certified receipts for all letters.

We are suing for the other half of the security deposit as there are deductions that we feel are unfair. We have pictures from the day we moved out showing that we had cleaned up and that there was nothing wrong with the walls. We also have emails from the previous landlord detailing what was wrong with the apartment when we moved in (the very things they are not deducting for). We also want interest paid on the security deposit (we live in Los Angeles rent control and the building was made before 1978). Overall, I am suing three times the total amount for bad faith (clause in the lease saying no interest payments; did not send receipts for another two months; declined to give me a 14-day pre-moveout inspection although I asked for one).

Any advice would be appreciated! Thank you!

 

[chico landlord]

Don't know all the in's and outs of LA city rent controll enough to assist you . However I've been involved in treble damage cases and in my opinion it's difficult to get a judge to go along with the burden of "bad faith", the tenant has to prove. The timelines you described are close . Talk to legal services in LA. Good luck

 

[mlq4296]

Thanks chico landlord. My case about bad faith is not so much the close deadlines but more about these two items:

1. The lease states security deposit shall not accrue interest and he did not give us interest on the security deposit. Yet, LA Municipal Code states interest must be paid on apartments whose first occupancy date is prior to 1978 (and I can prove the building's certificate was issued before this date).
2. I had asked for a pre-inspection 14 days prior to moving out and the landlord denied it saying he only does inspections on the day we move out (I have the emails to prove this conversation).

I feel that had the landlord given us a pre-inspection (Civil Code 1950.5(f)), I could addressed the things he is now complaining about (even though I believe all the things he is deducting for are wrong). I also believe that it is wrong for the landlord to not pay interest if the law requires it and even specifically say the opposite in his lease.

Thanks again!

 

[chico landlord]

You are right on all accounts I can see . The 14 day preinspection is pretty new. Back to the check , BP said to send a letter of dispute in addition to that , I would say does the check say anything of release of claims on it ?