[tenant monterey]

Hi,

I am located in CA. I moved out of a place on Jan 30, 2009.
My landlord has not returned my deposit of $500. He has
Not communicated with me about this though I left
Him my current address. My new place is quite close
To my landlord's place. I have visited my landlord twice in
Past 3 weeks to collect my mail. I raised the question about
My deposit with him. He only said that he did not have
Time to do his calculations.

What should I do? By the way, I gave him my move out
Notice 1 month before I left by email. Is this legally valid?
If I sue him for not returning my deposit can he sue
Me for "not giving him a written notice 1 month in advance"?

Thanks,
-Vikram

[LisaB4657]

If he has gone over the time limit for returning your deposit then according to CA law he forfeits the right to retain any of the deposit for any reason. File a lawsuit in small claims court.

You can read about CA landlord/tenant law at Landlord/Tenant Book Index - California Department of Consumer Affairs

[Macguyver258]

I cite Oregon statutes here, if the deposit has not been returned or accounted for within 31 days the tenant may recover from the landlord twice the amount unaccounted for or twice the amount withheld in bad faith (O.R.S. 90.300 (14)(a) and (b)).

Not speaking with the son is no excuse, if he is expected to collect the keys or manage the property in any way, he is acting as an agent of the landlord. They are responsible for his actions.

If 31 days has passed, file your claim for $8,400.00.
  
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90.300 Security deposits; prepaid rent. (1) As used in this section, “security deposit” includes any last month’s rent deposit.
      (2) Except as otherwise provided in this section, a landlord may require the payment of a security deposit. A security deposit or prepaid rent shall be held by the landlord for the tenant who is a party to the rental agreement. The claim of a tenant to the security deposit or prepaid rent shall be prior to the claim of any creditor of the landlord, including a trustee in bankruptcy. The holder of the landlord’s interest in the premises at the time of termination of the tenancy is responsible to the tenant for any security deposit or prepaid rent and is bound by this section.
      (3)(a) A landlord may not change the rental agreement to require the payment of a new or increased security deposit during the first year after the tenancy has begun, except that an additional deposit may be required if the landlord and tenant agree to modify the terms and conditions of the rental agreement to permit a pet or for other cause and the additional deposit relates to that modification. This paragraph does not prevent the collection of a security deposit that was provided for under an initial rental agreement but remained unpaid at the time the tenancy began.
      (b) If a landlord requires a new or increased security deposit after the first year of the tenancy, the landlord shall allow the tenant at least three months to pay that deposit.
      (4) The landlord may claim all or part of the security deposit only if the security deposit was made for any or all of the purposes provided by subsection (5) of this section.
      (5) The landlord may claim from the security deposit only the amount reasonably necessary:
      (a) To remedy the tenant’s defaults in the performance of the rental agreement including, but not limited to, unpaid rent; and
      (b) To repair damages to the premises caused by the tenant, not including ordinary wear and tear.
      (6) A landlord may not require that a security deposit or prepaid rent be required or forfeited to the landlord upon the failure of the tenant to maintain a tenancy for a minimum number of months in a month-to-month tenancy.
      (7) Any last month’s rent deposit must be applied to the rent due for the last month of the tenancy:
      (a) Upon either the landlord or tenant giving to the other a notice of termination, pursuant to this chapter, other than a notice of termination under ORS 90.394;
      (b) Upon agreement by the landlord and tenant to terminate the tenancy; or
      (c) Upon termination pursuant to the provisions of a written rental agreement for a term tenancy.
      (8) Any portion of a last month’s rent deposit not applied as provided under subsection (7) of this section shall be accounted for and refunded as provided under subsections (10) to (12) of this section. Unless the tenant and landlord agree otherwise, a last month’s rent deposit shall not be applied to rent due for any period other than the last month of the tenancy. A last month’s rent deposit shall not operate to limit the amount of rent charged unless a written rental agreement provides otherwise.
      (9) Upon termination of the tenancy, a landlord shall account for and refund to the tenant the unused balance of any prepaid rent not previously refunded to the tenant as required by ORS 90.380 and 105.120 (5)(b) or any other provision of this chapter, in the same manner as required for security deposits by this section. The landlord may claim from the remaining prepaid rent only the amount reasonably necessary to pay the tenant’s unpaid rent.
      (10) In order to claim all or part of any prepaid rent or security deposit, within 31 days after the termination of the tenancy and delivery of possession the landlord shall give to the tenant a written accounting that states specifically the basis or bases of the claim. The landlord shall give a separate accounting for security deposits and for prepaid rent.
      (11) The security deposit or prepaid rent or portion thereof not claimed in the manner provided by subsections (9) and (10) of this section shall be returned to the tenant not later than 31 days after the termination of the tenancy and delivery of possession to the landlord.
      (12) The landlord shall give the written accounting as required by subsection (10) of this section or shall return the security deposit or prepaid rent as required by subsection (11) of this section by personal delivery or by first class mail.
      (13) If a security deposit or prepaid rent secures a tenancy for a space for a tenant owned and occupied manufactured dwelling or floating home, whether in a facility, and the dwelling or home is abandoned as described in ORS 90.425 (2) or 90.675 (2), the 31-day period described in subsections (10) and (11) of this section commences on the earliest of:
      (a) Waiver of the abandoned property process under ORS 90.425 (25) or 90.675 (22);
      (b) Removal of the manufactured dwelling or floating home from the rented space;
      (c) Destruction or other disposition of the manufactured dwelling or floating home under ORS 90.425 (10)(b) or 90.675 (10)(b); or
      (d) Sale of the manufactured dwelling or floating home pursuant to ORS 90.425 (10)(a) or 90.675 (10)(a).
      (14) If the landlord fails to comply with subsection (11) of this section or if the landlord in bad faith fails to return all or any portion of any prepaid rent or security deposit due to the tenant under this chapter or the rental agreement, the tenant may recover the money due in an amount equal to twice the amount:
      (a) Withheld without a written accounting under subsection (10) of this section; or
      (b) Withheld in bad faith.
      (15)(a) A security deposit or prepaid rent in the possession of the landlord is not garnishable property, as provided in ORS 18.618.
      (b) If a security deposit or prepaid rent is delivered to a garnishor in violation of ORS 18.618 (1)(b), the landlord that delivered the security deposit or prepaid rent to the garnishor shall allow the tenant at least 30 days after a copy of the garnishee response required by ORS 18.680 is delivered to the tenant under ORS 18.690 to restore the security deposit or prepaid rent. If the tenant fails to restore a security deposit or prepaid rent under the provisions of this paragraph before the tenancy terminates, and the landlord retains no security deposit or prepaid rent from the tenant after the garnishment, the landlord is not required to refund or account for the security deposit or prepaid rent under subsection (9) of this section.
     
(16) This section does not preclude the landlord or tenant from recovering other damages under this chapter. [Formerly 91.760; 1993 c.369 §4; 1995 c.559 §12; 1997 c.577 §13; 1999 c.603 §15; 2001 c.596 §31; 2003 c.658 §3; 2005 c.391 §3; 2007 c.496 §7; 2007 c.906 §37]

[Macguyver258]

Just caught the California thing. Look up Ca. statutes to be sure. Search for Landlord Tenant Law California.

If they're similar to Oregon, file for the max $7,500.00.

Good luck
M

[Fr_Chuck]

Some of the "issues" I see

1. the 10th to the 10th, was the rent due on the 10th or was rent due on the 1st.

If rent is payable on the 1st. Then rent for the month that you moved out would be payable.

What did you get signed by the "son" showing you gave him the keys and that the house was in good condition. Did you take photos to prove her walked though with you.

But in the end, you sue them in court for the refund. Just be sure to have it all documented