What do you do when your landlord doesnt return your security deposit?

Question

We relocated from CA to GA in February. When I called my landlord in march, he mentioned that he had to replace the carpet in the whole apartment which cost him $1500 (our deposit was 1150). I have since tried calling him but he never returns my calls.

The carpet needed replacing even before we moved in, so I dont believe we need to pay for it (or atleast the whole amount). Also I had requested for him to do a walkthrough of the apartment before we left and he said he never does that with any of his apartments. I researched CA rental law, and sent my landlord a detailed letter outlining my concerns, the law and the procedure for not refunding a security deposit (none of which he followed.)

I received the letter back yesterday as unclaimed? How do I proceed now.

Answer 1

According to CA law the landlord has 21 days in which to either return your deposit or provide you with an itemized accounting of the way in which your deposit was used. If the landlord uses any of the deposit then he must provide you with copies of all invoices and bills at the time that he gives you the itemized accounting.

If the landlord fails to return your deposit or provide the itemized accounting of your deposit within 21 days then you must make a written demand for it. Since you sent one letter already, I suggest that you send another letter demanding the return of your full security deposit immediately. Send two copies of the letter--one by regular mail and one by certified mail, return receipt requested. If he does not accept the certified letter but the one mailed by regular mail is not returned then it is assumed by a court that the one sent by regular mail was received.

If he still doesn't return the deposit after your written demand, file a lawsuit in small claims court. You can file the claim by mail. If the judge determines that the landlord acted in bad faith you could be awarded 2x the amount that was wrongfully withheld. Since your deposit was $1150 a judge could award you $2300. This might be worth taking a trip to CA for a day or two for the trial.

Good luck!

Answer 2

The jerk knows you're out of state so he's being a creep. CA law says he has 30 days to give you your deposit OR a detailed list as to why. CA also says that if the carpet is more than 3 years old, he can't charge you to replace it.

You should ALWAYS insist on both a pre-move and post-move walk through AND document it with pictures. I usually take pictures with the landlord standing there so he knows I have them (and I take more without him).

Unfortunately I think (not sure) you have to file in CA smalll claims court. You might be able to file in GA since that is where you now reside but I think the law says "where it happened" which would put you back into the local courts.

You can pay a CA lawyer to get this started for you. Have the lawyer start with a letter that adds that you will be suing to include legal costs since he is clearly taking advantage of the fact you left the state.

You could have a friend back in CA send you the appropriate papers to file yourself in CA (mail them back to the friend to file with the court) and only fly back for the hearing. This you could do without a lawyer.

Do you have any evidence of the condition of the apt both before and after?

Answer 3

Hello,

I am not a legal expert but I found myself in a similar situation and did extensive research on the subject. Your landlord is required to give you a written detail of the deductions from your security deposit within 30 days. If he fails to do so he forfeits any right to keep any portion of your deposit.

I believe that your recourse is in small claims court. Before filing a suit against him I would request written documentation of when the carpet was last replaced. Your case will probably be a simple one if he cannot prove the age of the carpet or if it is old or if he has not followed the law.

I hope that it all works out for you.
-God Bless

Answer 4

Don't play his game. File a claim against him. He only has so much time to respond or he can be charged 2-3 X the amount of the security he owes you. You need to send him a certified letter requesting the refund. Find the law on how long he has to answer, if no answer in the allotted amount of time SUE him.
In the certified letter make sure you send the same one you sent him that he sent back and get it notarized and save 2 copies of it!
Remember the law of normal wear and tear! He's a crook and A lot of landlords are when it comes to the deposit. They will try just about anything to keep your monies!
A lot of states have news reporters that love to embarrass the hell out of the crooks,we have news 9 on your side where they investigate such things and bring these crooks to the attention of the public. It's a good possibility you could consider.

Answer 5

We had a similar problem but not due to the carpet. Ours was about a second floor tub. Our tub leaked, and went into our kitchen, 3 days after we moved in. So about a month before we left the apartment (we lived there a year) they finally sent someone in to fix it. But the person who fixed it had steel toed boots and kept flicking the tiles into the tub. The management said we would have to pay 700 dollars extra for a new tub.
We wrote back, and told them that we would report them to the BBB (Better Business Bureau) for having us pay for something their hired help destroyed. We told them we had pictures to prove of the damage. They dropped the charges and we never heard anything else about it because they knew they were wrong.
Now in your case, you had a 1150 deposit but replaceing the old carpet that you moved in with was 1500, he can not charge you because most likely he had already charged the last tenant. If he didn't, that is his fault and his loss, because he can not charge you for something you didn't have control over. Talk to the BBB about it since he didn't claim the letter. Tell them the apartment you lived in, owners name, your name, the dates you lived there, any pictures that you have with the carpet...(this really helps your case) and exactly what went down. Include your rent, the deposit and how much of the repairs it would have been for a new carpet. Don't let that person steal from you! Take control. Talk to the BBB! They can be found at this website http://www.bbb.org/. I have personally not been at this site because we had the matter resolved before we went there, but since your's is not resolved Id look at all the possible options you have on this site. I really hope this helps and I hope you get your money back.

Answer 6

First decide whether you really think it is going to be worth your while.

Do you have photographs of the carpet and the apartment as you left it? Without documentation, you likely have no leg to stand on.

In many areas he would have been obligated to refund your deposit or to send you a letter itemizing the expenses deducted from it within thirty days. It seems that he is not inclined to do business on the "up and up" so be prepared for further antics.

Replacing carpet due to "fair wear and tear" is a cost of your landlord maintaining his rental property, but if you left it significantly stained or damaged, you may be liable. $1500 seems rather high, but I am not in the California market, and I do not know the quality of the carpet or the square footage of the carpeted area.

Send your letter again, but send it certified, return receipt. You may need to file in small claims court. Due to your cross country move, this may end up costing you more than you can hope to regain, due to travel and time requirements.

You could consider trying to have your case heard on one of those televised judge shows. I know they are frightful, but.... They pay for your travel, and pay the judgement. It could be a less expensive "way out" for both parties.

Answer 7

go right away to small claims court and file against the landlord. usually within two weeks you'll be before the judge and if the landlord doesn't show. the judgement could go to you with a order to pay. if he does show up, then the judge could order mediation which you will go to another room with a mediator. if you can't resolve it, then you go back to the judge right away and he makes the ruling. go to your county courthouse and get the forms. most will have on the forms everything you will have to do and from the sound of it, the landlord might have a history of ripping people off. check with the state horel and resturant board. they license landlords to rent. check your local bbb to see if other complaints have been filed against this landlord. in small claims, you don't need any attorneys, but you can use one. if you have a friend that is one, take your case to them and if they take it, they can ask for their fees in addition. you should also have a local bar association that helps people out with situations like yours for little or no money. good luck!

Answer 8

It sounds like you did your homework when you researched CA rental law and you were considerate enough to contact your landlord outlining your concerns, the law and procedures. There should also be a procedure in the CA rental law and the law itself for you to follow when you have a landlord who is not willing to even acknowledge you or return your money. Check out the procedure and if you are unable to find it, speak to a law enforcement agency, they will network you to who or what is available for you to follow. That landlord is still around, he chooses not to acknowledge you. Sounds like this isn't the first time he has done this. Good Luck

Answer 9

I have the experience which is very recent and my land lord refused to give me back the security deposit.He is a Union man,and takes the plea that I have done this damage that damage to the building I was staying.In my lease agreement it was clearly mentioned I must give 2 months rent as security deposit.Now office is out of picture.I believe only a mutual negotiation can solve the matter.And I have askedhim to return my money.Now let me see how much time he takes.Legally there is recourse,but again it will not serve any purpose simply because it is lengthy process and I can not equally afford to just fight other than asking my money..But five years back when I was in another place in another city,the lease deed and notice of lawyer worked fine.

Answer 10

If there was a will and you are the beneficiary of her estate then when you file the will you have control of her assets. If there was not a will then you can get a letter of hiership naming you as the sole heir of her estate. This is cheaper. Send a letter to the landlord demanding the return of the deposit to her estate. In some states their refusal if taken to court will cost them triple damages.