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    FAMICRIST's Avatar
    FAMICRIST Posts: 1, Reputation: 1
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    #1

    Sep 15, 2008, 09:11 PM
    My landlord doesn't want to give me back my deposit
    The landlord is in the middle of divorce' process and they decided to sell the house, but he said that his ex-wife should pay the deposit because she was the agent who made the rental agreement because she used to work as a real state but not anymore, she said that he said that she is not in charge anymore and her ex-husband is the one who need to pay because she left him with the deposit. We move out on August 1st., 2008 because they are selling the house, We live in California. Now I find out that the house is in pending sale and the close of escrow is next week on september 23. My landlord doesn't answer my calls and the las time we spoke to him he was really rude and he said that he doesn't want to talk with us anymore,What should I do?I don't want to lose my $3500 and I left the house perfectly clean.
    CESElizabeth's Avatar
    CESElizabeth Posts: 81, Reputation: 7
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    #2

    Sep 16, 2008, 12:02 AM
    I would start by writing a letter with the information on your deposit. I would take it to the real estate agent of the person buying the home. They will want this settled before they take over the home or they will be responsible to pay you.

    Not a lawyer, but have bought a home.

    Frankie
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Sep 16, 2008, 06:24 AM
    Forget about writing letters. They are long past the time they had to return the deposit.

    File a lawsuit against BOTH of them immediately.
    CESElizabeth's Avatar
    CESElizabeth Posts: 81, Reputation: 7
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    #4

    Sep 16, 2008, 11:32 AM
    Lawsuits are long and involved processes. Do both at the same time, hopefully the letter would get handled immediately and it shows, in writing that you have made the effort to have your deposit returned. You will need to show this in a lawsuit. In some states the amount you mentioned could be done in small claims court but most places you can wait up to 3 months for your turn on the dockett. If you, with the letter, make a issues you can delay escrow and the completion of the sale. Both buyer and seller want the sale to be complete the letter just might be faster. As I said I am not a lawyer.

    Frankie
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    Sep 16, 2008, 11:49 AM
    Quote Originally Posted by CESElizabeth
    Lawsuits are long and involved processes. Do both at the same time, hopefully the letter would get handled immediately and it shows, in writing that you have made the effort to have your deposit returned. You will need to show this in a lawsuit.
    No you won't. A tenant is not required to show that they tried to get their security deposit back by other means. The obligation is on the landlord to return the deposit, or a detailed written accounting of how the deposit was used, within 21 days after the tenant turned over possession of the premises to the landlord.
    In some states the amount you mentioned could be done in small claims court but most places you can wait up to 3 months for your turn on the dockett. If you, with the letter, make a issues you can delay escrow and the completion of the sale. Both buyer and seller want the sale to be complete the letter just might be faster. As I said I am not a lawyer.
    The only way you're going to delay the completion of the sale is if you file a lis pendens on the property. That is a notice to the public that you are about to file a lawsuit that concerns the property. The landlord's attorney will get the lis pendens lifted within a day after it is filed since you are going to be suing for money and not the property. The closing can take place immediately.

    By the way... California law says that if the landlord unreasonably withheld your deposit then you are entitled to a judgment for the full amount of the deposit plus up to two times that amount. So that could be an award of up to $10,500. The burden is on the landlord to show that they were reasonable in withholding your deposit. But since they didn't even provide you with a written accounting of how it was used within the legal time, then according to a California Supreme Court decision they are not entitled to withhold any of the deposit, even if there were damages.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Sep 17, 2008, 06:24 AM
    Quote Originally Posted by CESElizabeth
    Lawsuits are long and involved processes. Do both at the same time, hopefully the letter would get handled immediately and it shows, in writing that you have made the effort to have your deposit returned. You will need to show this in a lawsuit. In some states the amount you mentioned could be done in small claims court but most places you can wait up to 3 months for your turn on the dockett. If you, with the letter, make a issues you can delay escrow and the completion of the sale. Both buyer and seller want the sale to be complete the letter just might be faster. As I said I am not a lawyer.

    Frankie

    This is incorrect legal advice.
    CESElizabeth's Avatar
    CESElizabeth Posts: 81, Reputation: 7
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    #7

    Sep 17, 2008, 10:03 AM
    Judykaytee,
    It worked for me in the state of Nevada. I did get my deposit back without a lawsuit when the ownership of the mobilehome park changed by taking a letter to the real estate agent who represented the new buyer. I am also involved in a lawsuit, we are in year 4, it is a long involved process. I have also gone to small claims court on deposit issues for tenents when I was the president of a tenents association. In my opinion if a matter can be settled out of court I prefer it because it is quicker.

    Frankie
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Sep 17, 2008, 03:43 PM
    Quote Originally Posted by CESElizabeth
    Judykaytee,
    It worked for me in the state of Nevada. I did get my deposit back without a lawsuit when the ownership of the mobilehome park changed by taking a letter to the real estate agent who represented the new buyer. I am also involved in a lawsuit, we are in year 4, it is a long involved process. I have also gone to small claims court on deposit issues for tenents when I was the president of a tenents association. In my opinion if a matter can be settled out of court I prefer it because it is quicker.

    Frankie


    Good for you. Glad it worked out. Otherwise, the legal advice given by the legal expert is sound.

    I think OP should follow the Law.
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