[KaraG]

Just received Security Deposit back 25 days after lease ended, several debatable charges, no receipts attached.

Check says "Deposit in Full" in memo line. Can we cash it and still have the right to sue for the balance in small claims?

Thanks

[progunr]

No.

Don't cash it would be my advice.

You'd be better off disputing the "deposit in full" having not cashed the check.

While you could still sue, I believe it would be better to present that check when you argue your case.

[rockinmommy]

I don't believe that cashing or not chasing your check will affect your case one way or the other.

Have you read your lease thoroughly, and read the CA property code regarding return of security deposits? I believe CA is pretty tenant friendly in terms of security deposit return.

Write the landlord a letter explaining your position. Any evidence you have regarding the condition when you moved in and the condition when you moved out will be a point in your favor. Tell the landlord that you require copies of the receipts for the things they itemized. And tell them exactly what you are requesting and by what date.

If/when that doesn't happen file a suit in small claims court. Take all your evidence and present your case. The landlord will have to show receipts for what was done, but I believe you will have to have some kind of proof of the condition. Just saying that it was one way or another probably won't be enough to get your deposit back. Especially if he can produce receipts for the things he's charging you for.

[progunr]

The landlord will argue that the "deposit in full" on the memo line and the check being cashed, will constitute a mutual agreement that the tenant "accepted" the "full" refund amount by cashing the check.

Yes, that could be argued in court, and could go either way.

[KaraG]

If we go to court, I have plenty of evidence - photos, receipts, emails, signed walk-thru, etc. One thing he deducted was $430 for mileage to and from his own property - have you ever heard that such a deduction is legitimate? (Or should I ask that on the landlord/tenant board?)

[progunr]

That is preposterous!

Seriously, it is his obligation to take care of HIS property, not yours.

I would take this crook to court in a heartbeat, unless you did something like schedule a walk through, and then not be there, causing him to make "extra" trips or trip?

In the absence of you having done anything that caused him to make additional trips, that deduction will not hold up in court, unless such a fee is included in the terms of the lease.

[JudyKayTee]

That is preposterous!

Seriously, it is his obligation to take care of HIS property, not yours.

I would take this crook to court in a heartbeat, unless you did something like schedule a walk through, and then not be there, causing him to make "extra" trips or trip?

In the absence of you having done anything that caused him to make additional trips, that deduction will not hold up in court, unless such a fee is included in the terms of the lease.

Well, this wins for "most brazen attempt to make money by a landlord." Amazing.

This is my "homework" from a landlord/tenant course I took at the local Law School about 18 months ago - I have no way of knowing if the various States have changed their stances but it is a starting point for you:

"If a tenant cashes (or deposits) a payment/refund check the tenant cannot pursue the landlord for any alleged balance in: Arkansas, Colorado, Connecticut, Georgia, Kansas, Louisiana, Maine, Michigan, Nebraska, New Jersey, North Carolina, Oregon, Pennsylvania, Texas, Utah, Vermont, Virginia, Washington, Wyoming.

If the tenant cashes (or deposits) a payment/refund check he/she can protect the right to sue the landlord for the balance by writing the EXACT WORDS “without prejudice/under protest” on the memo line of the check (or above the memo line) and initialing the same in: Alabama, Delaware, Massachusetts, Minnesota, Missouri, New Hampshire, New York, Ohio, Rhode Island, South Carolina, South Dakota, West Virginia, Wisconsin."

[rockinmommy]

If we go to court, I have plenty of evidence - photos, receipts, emails, signed walk-thru, etc. One thing he deducted was $430 for mileage to and from his own property - have you ever heard that such a deduction is legitimate? (Or should I ask that on the landlord/tenant board?)

Yeah, seriously, you need to take this guy to the cleaners. It sounds like he may have waited a little too long to return it, too. In which case I believe you can go after him for two times the deposit just because he waited too long to return it!

Mileage is part of his cost of doing business and he can deduct it as such on his income taxes. NOT out of your deposit. What a jerk.

Go for it, KaraG!

As for the check cashing part. I didn't even know there were laws about such things. Whenever I've seen that issue come up in small claims the judge just adds or subtracts the amount the parties have already received or paid to or from the judgement.

[KaraG]

I love you guys! Yes, we did receive it past the CA deadline and he didn't send any of the required receipts for all his made up charges. I am just worried about cashing that check since it says Deposit in Full.

He probably figured I wouldn't bother going back to CA just to sue him.

[rockinmommy]

I am just worried about cashing that check since it says Deposit in Full.

If it makes you feel better, just hold it. Especially if you are going to file quickly. Now that I know more facts, I'd say hold it.

He probably figured I wouldn't bother going back to CA just to sue him.

Make sure you charge him mileage to go back and sue him! ;) :D

[KaraG]

Update on our deposit...

We sent a demand letter asking for the full deposit since we didn't receive the check until after the 21 days. He finally replied and tried to justify the deductions (sent copies of checks to random people that didn't match the amount he said he paid - no invoices).

In what he called a "good faith jester" he sent us a check for his mileage.

We cashed that check and the one marked paid in full since we think we can now show the judge that the landlord proved that the orginial check wasn't the "deposit in full" since he sent us another payment.

We still plan on suing for the balance of our deposit and penalties.

[JudyKayTee]

Update on our deposit...

We sent a demand letter asking for the full deposit since we didn't receive the check until after the 21 days. He finally replied and tried to justify the deductions (sent copies of checks to random people that didn't match the amount he said he paid - no invoices).

In what he called a "good faith jester" he sent us a check for his mileage.

We cashed that check and the one marked paid in full since we think we can now show the judge that the landlord proved that the orginial check wasn't the "deposit in full" since he sent us another payment.

We still plan on suing for the balance of our deposit and penalties.

Now I'm really confused - he sent you money for HIS mileage?

(It's good faith gesture - before you file the papers.)

[KaraG]

The landlord had originally deducted several incorrect expenses from our security deposit, sent it late, then marked the check payment in full, including over $400 deducted for his own mileage to the property.

He sent us a check back for that amount and he spelled it "good faith jester" on the letter. We know it's spelled "gesture".

[JudyKayTee]

The landlord had originally deducted several incorrect expenses from our security deposit, sent it late, then marked the check payment in full, including over $400 deducted for his own mileage to the property.

He sent us a check back for that amount and he spelled it "good faith jester" on the letter. We know it's spelled "gesture".

He sounds like fun all the way around!

[rockinmommy]

Well, he certainly is a "jester"! :p Just seems to leave out the "good faith" part.

Geesh! It seems like you have a really good case against this man.

I think the sooner you file suit, the better.

Thanks for the update... please let us know what happens from here on out.

[chemomma95]

Can I cash a partial deposit and still demand the rest from my old landlord?

Thanks[/QUOTE]

[JudyKayTee]

Can I cash a partial deposit and still demand the rest from my old landlord?

Thanks

[/QUOTE]



I wouldn't - what's written on the check? Settlement? Settlement in full? I would hold onto that check and file suit or you are complicating things.