[kay_lee19]

Our landlord gave us 30 days notice after we lived there for 2 years (one year lease and then one year month to month). I had 2 major reconstructive back surgeries and have been deemed by the State of California as permanently disabled since the time we moved in. He gave us a 30 day notice one month after I had my second major reconstructive back surgery. I was bedridden and only able to get around in a wheelchair. When we tried to ask him for more time considering my situation, he immediately referred us to his lawyer and refused to speak with us. He also has been having a "police officer" call us threatening to prosecute us for harassment. We are in no way harassing him, we just want our deposit or an itemized list of how it was spent. We have never made a late payment and never had any reason for him to be upset with us. In fact, we put tons of home improvements into the house while we were there. We moved out 15 days after his 30 day notice (which was very difficult considering my health). Now, it has been over one month and the landlord refuses to give us back our deposit. I requested an itemized list of what was damaged but he will not respond. We video taped the house when we left and since he refused to do a final walk through with us we requested the police to supervise our departure. He documented the condition of the home when we left. Our landlord and his family have a lot of money and very scary lawyers. Every time we try to ask about our deposit we get letters from lawyers saying that we must stop harassing the landlord and a "police officer" calls (I believe it is someone pretending to be an officer because we have asked for a case # or incident # and they refuse to give it to us?) . We have only contacted him twice about the deposit? Because I am permanently disable and on a fixed income, this deposit money is very important to me. I was under the impression that CA laws require him to either return our deposit or give us an itemized list of damages and costs within 14 days. It has been a month and we cannot get a response. Any advise?

[ScottGem]

From this site:
California Tenants - California Department of Consumer Affairs

Under California law, 21 calendar days or less after you move, your landlord must either:

• Send you a full refund of your security deposit, or
• Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.194

And this:
According to a California Supreme Court decision, the landlord loses the right to keep any of the security deposit and must return the entire deposit to you.202

If you left 15 days after his deadline, then he WAS entitled to keep part of the security for unpaid rent. But since he did not send either the full amount or and itemized list if what he used the deposit for, then he has forfeited his right to retain any of it.

The site also has advice and links on how to try and get your deposit back.

But here is what I would do. I would send the landlord with a copy to his lawyer a letter stating:

According to California law you were required to return my full deposit or an itemized list of how it was used within 21 days from when I moved out. Since you haven't done so, according to a California Supreme Court decision, you have forfeited any right to keep any part of the deposit.

Therefore, I will expect full return of the deposit (<insert amount>) within one week. Failure to do so will force me to use the legal system to recover this amount.

Furthermore, if I receive any calls accusing me of harassing you I will final charges of harassment and intimidation against you. I have only asked for what is legally due me which does not, in any way, constitute harassment.

If you can get this sent on an attorney's letterhead, even better.

Also get a machine to tape your calls. If you receive any further calls harassing you. Announce to the caller immediately that you are taping this call and demand to know their name, badge number and division.

If he doesn't return the deposit within the week. Then either try the agencies linked from the website above or file in Small Claims court. I am betting when they wheel you into court and you explain to the judge the circumstances of your termination of tenancy. I doubt if the landlord will win.

[kay_lee19]

ScottGem,
The information you provided was extremely helpful. I just wanted to let you know that even though we left within 15 days, we paid for the entire month. I just wanted to clarify that we in no way owe him any money and we left the house in better condition than how we received it. I understand that legally this doesn't matter but my integrity does so, I had to let you know that we did pay for the full months rent. I appreciate your assistance. Your answer was extremely helpful.

[kay_lee19]

I heard somewhere that the landlord owes triple the deposit if they fail to respond within the 21 days... anyone know if that is true?

[ScottGem]

Under CA Civil Code Section 1950.5
California Civil Code Section 1950.5 - California Attorney Resources - California Laws

In section (k)(1) (near the bottom) it says:

(l) The bad faith claim or retention by a landlord or the landlord'
S successors in interest of the security or any portion thereof in
violation of this section, or the bad faith demand of replacement
Security in violation of subdivision (j), may subject the landlord or
The landlord's successors in interest to statutory damages of up to
Twice the amount of the security, in addition to actual damages. The
Court may award damages for bad faith whenever the facts warrant that
Award, regardless of whether the injured party has specifically
Requested relief. In any action under this section, the landlord or
The landlord's successors in interest shall have the burden of proof
As to the reasonableness of the amounts claimed or the authority
Pursuant to this section to demand additional security deposits.

There is some other stuff I noticed that indicate the landlord may have violated rules about notification and may have had to give you 60 days notice.

So you might want to read those links more.

Also, I thought you might have paid the extra days. Glad you clarified that.

[kay_lee19]

I'm going to check out those links right away. Thank you so much for your knowledge and advice. You have been extremely helpful. I am so grateful.

[Fr_Chuck]

Also you should file a police report ( try and get caller ID on who is calling) and report them, even if this is a police officer it is illegal, and criminal.

[teffie18]

A similar situation happened to me. Landlord did not want to return deposit. Even said I owed them for damages. Thankfully I had photos and references. I took landlord to small claims court. I got my deposit back. The landlord had lied and tried to take advantage of the fact that I moved out of town. When I came back I took her to court.
File a claim in small claims court.
Bring photos, references from neighbors.. anything. Good luck to you

[kay_lee19]

Thank you all for the great advice. I sincerely appreciate all the answers and support. I am a little frightened by taking him to small claims. He and his family are millionaires and very vengeful. I have heard them make threats. I worry that they may come after me for frivolous things and I will have to hire an attorney to protect myself. They can spend any amount on legal help but I cannot. My landlord would rather spend thousands on legal fees, even if the legal fees were going to be 10 times as much money as my small deposit. I worry that if I fight this, my landlord and his family will find a way to hurt me. They are very connected in the community since they have so much money-and we all know that money is power. They also donate large sums of money to the police and other local government officials. It's scary to pursue this knowing that they have support from local law enforcement. I'm considering just letting it go because it could cause me more harm than good. It's sad because I am disabled from my recent back surgery, on a much lower income right now (my job paid almost 4x the amount that I'm getting so I'm adjusting to my small income) and the $1,500 that is owed to me would really help me in my current situation. I really need it but it may not be worth the fight.