Ask Experts Questions for FREE Help !
Ask
Page 2 of 2 « First < 2
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
    Ultra Member
    		  
    #21

    Sep 29, 2008, 01:54 PM
    Quote Originally Posted by tvdango View Post
    I'm not sure if this works because my landlord is a lawyer. He may use his advantage; I know it's not fair and improper, though.

    Is he a practicing attorney? WOW!

    I still stand by my advice of either going ahead with the lawsuit or send him the letter as I suggested. I think the key is that you need to point out in the letter that you know he is breaking the law. It is "just" a civil matter, but still... He may be less intimidated by a letter than a non-lawyer would be, but that way if you DO wind up suing him I think it strengthens your case and weakens his.
    tvdango's Avatar
    tvdango Posts: 16, Reputation: 1
    New Member
    		  
    #22

    Oct 6, 2008, 02:51 PM

    The only senerio I can guess is that the landlord may be waiting to be sued in order to counter sue for something, although he has nothing to sue me. This way, he can ignore anything until it happens.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
    Ultra Member
    		  
    #23

    Oct 6, 2008, 02:57 PM
    The scenario I'd guess is that he's an attorney and used to his tenants being intimidated by this. Therefore he routinely makes a practice of not returning security deposits and usually the tenants are too scared of his being a lawyer to do anything about it.

    As an attorney I don't believe he'd hesitate to sue you if he had anything to come after you for.
    tvdango's Avatar
    tvdango Posts: 16, Reputation: 1
    New Member
    		  
    #24

    Oct 15, 2008, 08:59 PM
    The landlord refused to receive my certified mail, and it was returned.

    I guess he wants to go to a small claim court.

    Is there a place like BBB for lawyers?
    KaraG's Avatar
    KaraG Posts: 23, Reputation: 1
    New Member
    		  
    #25

    Oct 16, 2008, 05:31 AM

    Save refusal and take it with you to court. Hopefully the judge will take that into consideration when he is deciding if your landlord is acting in bad faith.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #26

    Oct 16, 2008, 05:52 AM

    I haven't rechecked the CA statute. But most state laws say that if the deposit is not returned according to statute, then the landlord forfeits the right to withhold anything from the deposit.

    If the law provides for damages, I really can't imagine a landlord rolling the dice and risking double or treble damages just to keep the security.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
    Ultra Member
    		  
    #27

    Oct 16, 2008, 02:58 PM
    Quote Originally Posted by ScottGem View Post

    If the law provides for damages, I really can't imagine a landlord rolling the dice and risking double or treble damages just to keep the security.
    I still think that's he's risking it because he's used to his tenants being intimidated by the fact that he's an attorney to the point where they don't wind up suing him.

    I personally know landlords who routinely keep security deposits and RARELY get sued.

    I hate it, because it gives all landlord's a bad image, but I don't think it's uncommon.
Not your question? Ask your question View similar questions
 
Page 2 of 2 « First < 2

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Security Deposit Return [ 1 Answers ]

About 30 days ago I moved out of my apartment. I broke my lease, but my landlord told me it was fine as long as I found a new tenant to take my place. I found one and she started paying rent the day I left. In fact, the landlord got two weeks extra rent because I left in the middle of the month,...

Security deposit return [ 1 Answers ]

Under California Real Estate Law, within how many days of the tenant leaving the property, must a landlord return a security deposit?

Return of security deposit [ 2 Answers ]

I live in New Jersey and on October 1,2007 my lease ended and I moved from my apartment.I gave my landlord 3 months written notice that I was not renewing my lease.I have not received my security deposit from my landlord. I called the landlord to see if there was a problem and he then explained...

Security deposit return [ 2 Answers ]

I am a pa landlord. Although I specifically stated on my Lease that painting is prohibitted, I did give my tenant permission to paint a "light, basic color". She painted a room navy/black, which was not acceptable. When she moved, I charged her labor and supplies in order to restore the room. I am...

Return of Security Deposit [ 1 Answers ]

I was a college student in upstate NY and rented an apartment off campus. When I left, I made sure that the apartment was cleaned and vacuumed. I wiped out cabinets, cleaned the frig, cleaned the stove to the best of my ability, washed floors, cleaned the bathroom (tub and toilet), and washed...

View more questions Search