[Herbandlin]

Is California a state that will allow checks to be cashed "under protest" without accepting the amount as "payment in full"? Let me start the story. My security deposit was for $2,200. On the 22nd day AFTER we vacated the landlord wants to do a final walk through and refund our money. Make a long story short he only returned $599! He charged us for "normal wear and tear" items as well as charged us extremely high labor wages. During the walk through he decided the hole in the closet was NOT our fault and decided to give us back an additional $135. He refused to give us a check and said he'd mail it. So according to his own admission, he owes us $734. Now it's day 30 and he has yet to refund the full amount of $734 that is owed. Needless to say, we are going to court. But herein lies my dilemna...

We are BROKE right now and that $599 check would seriously do some good! Even though the check says "refund" can I write "under protest" on the back and cash it without a judge assuming I'm taking the $599 as settlement? Will I waive my right to sue this guy for what I deserve? I know there are people out there that either had the same problem or maybe someone that knows the law that can help. Please help!

[ScottGem]

So he sent you a check for $599? Did he include an accounting of the charges withheld?

As for cashing the check, send him a letter stating that you are acceping the check as a portion of the deposit but are protesting the application of charges and the amount actually due.

[Herbandlin]

He gave us an (outrageous) itemized list but did NOT give us receipts for all these things he had to buy. In fact NONE of the things he had to buy were either there nor installed at the walk through.

[ScottGem]

You can find CA law in the sticky at the top of this forum. That should list the rules for returning a deposit.