security deposit return/30 day notice

[malissak]

What is the name of your state (only U.S. law)? California
I gave my landlord several months notice by phone but wrote a letter on the 16th of month that i'd be out by the 1st. Before the 1st, I called & told her it would be the 5th. She showed up on the 4th & let herself in the home while I was at the store...I had a camper still in the front drive & furniture in home but she walked the whole property & verbally assaulted me when I returned. I didnt call the cops unfortunately. I was out by the 5th, she started moving in on the 6th. I wrote her a letter stating I wouldnt meet w/her for a walk thru, as she was violent, and that by law she had 21 days to send me deposit or itemization. She did neither. After the 21 days, I sent a demand letter for deposit or I'd take her to small claims (the deposit is $1000) She sent me a letter back stating I owed her rent until the 23rd because thats the date she claims to have received my letter (its dated a week earlier), and also made tons of claims of damages that are not true. I took pics of the house when I left & admitted to a couple things I was responsible for such as some molding that needed to be replaced & some picture holes in a wall. She is claiming broken water heater, etc, and also is claiming she wasnt illegal in entering premises. My question is..the law says she cant charge rent for the remaining days if she moves another tenant in, but what about when she herself moved in the day after I left? Is that the same thing? She is trying to say that because the 30 days wasnt until the 23rd that she wasnt past the 21 days, but I interpret the law as saying the 21 days begins from the day I physically left? I felt I should only be responsible for the 5 days (rent was always due on the 1st). Is it worth taking to small claims court? And when does the 21 days start? Can she make up & claim damages beyond that date? I am very frustrated & not sure what to do next!

 

[LillianX]

The only notice that counts is the written notice. I am going to assume you were on a month to month lease. This means that the notice you gave was not 30 days. If she hadn't moved in, she would be entitled to keep your rent for the entire month... not just through the 23rd.

I believe that, because she moved in, she can't keep the rent. She can, however, withhold the deposit due to damages. If she refuses to provide an itemized list as required by law, your recourse is to take her to small claims court.

 

[malissak]

I figured my verbal notice wasnt good enough & only written one counts but is it from the date of letter or date she recieved it? California law states she had 21 days to return deposit or send an itemization, so how can she keep deposit for anything if she didnt notify within those 21 days?

 

[Zigner]

The only notice that counts is the written notice. I am going to assume you were on a month to month lease. This means that the notice you gave was not 30 days. If she hadn't moved in, she would be entitled to keep your rent for the entire month... not just through the 23rd.

I believe that, because she moved in, she can't keep the rent. She can, however, withhold the deposit due to damages. If she refuses to provide an itemized list as required by law, your recourse is to take her to small claims court.

Careful Lil - California is one of the weird ones. If the OP gave notice on the 23rd, then his moveout date could be the 23rd of the following month. That's how it works in California.

Furthermore, if the LL moved in before the full 30 days was up, I feel the OP has a great argument that the LL is NOT entitled to keep the rent for the days the 4th (when she moved in) and the 23rd. Once the LL moved in, any rent is no longer due.

 

[Zigner]

I figured my verbal notice wasnt good enough & only written one counts but is it from the date of letter or date she recieved it? California law states she had 21 days to return deposit or send an itemization, so how can she keep deposit for anything if she didnt notify within those 21 days?

She can't. You should head to small claims court to seek the return of all of your deposit. Be aware, though, that if you take her to court, it allows her to file a counter-claim for the amount of damages to the apartment.

 

[LillianX]

I figured my verbal notice wasnt good enough & only written one counts but is it from the date of letter or date she recieved it? California law states she had 21 days to return deposit or send an itemization, so how can she keep deposit for anything if she didnt notify within those 21 days?

If you have a month to month lease, the 30 days notice actually means a full rental periods notice. This means that notice given in the middle of June would be good for August 1.

She can't keep it if she didn't notify you. You'll have to sue her to get it back, though.

 

[Banned_Princess]

I figured my verbal notice wasnt good enough & only written one counts but is it from the date of letter or date she recieved it? California law states she had 21 days to return deposit or send an itemization, so how can she keep deposit for anything if she didnt notify within those 21 days?

So then SUE HER for your deposit. CA lets you claim up to 2x your deposit.

be sure to validate that

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml


Legal actions for obtaining refunds of security deposits

Suppose that your landlord does not return your security deposit as required by law, or makes improper deductions from it. If you cannot successfully work out the problem with your landlord, you can file a lawsuit in small claims court for the amount of the security deposit plus court costs, and possibly also a penalty and interest, up to a maximum of $7,500.261 (If your claim is for a little more than $7,500261, you can waive (give up) the extra amount and still use the small claims court.) For amounts greater than $7,500, you must file in superior court, and you ordinarily will need a lawyer in order to effectively pursue your case. In such a lawsuit, the landlord has the burden of proving that his or her deductions from your security deposit were reasonable.262

If you prove to the court that the landlord acted in "bad faith" in refusing to return your security deposit, the court can order the landlord to pay you the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit as a "bad faith" penalty. The court can award a bad faith penalty in addition to actual damages whenever the facts of the case warrant—even if the tenant has not requested the penalty.263These additional amounts can also be recovered if a landlord who has purchased your building makes a "bad faith" demand for replacement of security deposits. The landlord has the burden of proving the authority upon which the demand for the security deposits was based.264

Whether you can collect attorney's fees if you win such a suit depends on whether the lease or rental agreement contains an attorney's fee clause.265 If the lease or rental agreement contains an attorney's fee clause, you can claim attorney's fees as part of the judgment, even if the clause states that only the landlord can collect attorney's fees.266 However, you can only collect attorney's fees if you were represented by an attorney.267

 

[malissak]

thank you, I didnt think she could claim rent for days she had already moved in. So the 21 days would be from when I moved out & she moved in, correct? And if she is past that & cant withhold now, how can she counterclaim in court to keep it then? Just trying to make sure I have my ducks in a row before I go through the trouble of heading to court!

 

[LillianX]

Careful Lil - California is one of the weird ones. If the OP gave notice on the 23rd, then his moveout date could be the 23rd of the following month. That's how it works in California.

Furthermore, if the LL moved in before the full 30 days was up, I feel the OP has a great argument that the LL is NOT entitled to keep the rent for the days the 4th (when she moved in) and the 23rd. Once the LL moved in, any rent is no longer due.

Zigner is right. This is why I shouldn't be answering questions from states I am not positive about. My apologies for the incorrect information.

 

[malissak]

and what about her entering premises without notice & verbal assault? Would that be sueable under "bad faith" also?

 

[Banned_Princess]

and what about her entering premises without notice & verbal assault? Would that be sueable under "bad faith" also?

Can you prove this?

short answer is no.

first of all if she moved in the day after you moved out, she has no rent claim.

Second of all, since she had no contact with you (ARE YOU SURE YOU GAVE HER A FORWARDING ADDRESS?) for damages within the 21 day time limit, she cant win against you for any of that.

If I were you, I would sue her tomorrow for 2x the deposit for bad faith in demanding rent while she lived there and bogus claims after her alloted time period was up.

the judge might give you your deposit, or your depositx2. you wont know until you try.