[mfigueira]

I moved out of my apartment on9/1. My deposit was supposed to be to me 21 days later. The land lord never said that there was a problem, never gave me list of repairs or cost for cleaning. The apartment was left spotless, I even painted the entire thing, had the rugs professionally cleaned etc. I also lived there 7 years. She finally responded to an email on 10/7 stating that she was only returning 1/2 of the $1500.00 deposit to me and said it needed cleaning and blinds replaced. I responded to her in my own defense, and as of yesterday 10/10 she said she was still only paying 1/2 my deposit back and would send it shortly. Still not telling when it would be mailed ie: mail date. Where do I stand here? I live in CA and according to what I have read about this, she had 21 days to return it to me or else she forfeits the entire amount.
Help!

[LisaB4657]

File a lawsuit in small claims court immediately for the entire amount. The landlord was supposed to send you either the entire deposit or a written, detailed accounting of the deposit within 21 days. Because she failed to do she will have to forfeit the entire amount. Don't bother sending her any more letters or emails. You have no obligation to warn her. Just file the lawsuit asap.

[RickJ]

In my state, the tenant can be awarded double the amount of the withheld deposit... so check the California Landlord laws (here) to see it says about this.

[ScottGem]

You have two choices.

1) Send her a letter (Return Receipt Requested) citing the law specific law (listing chapter and section and quoting the statute). State that she is in violation of that law and, as such, you are entitled to the entire deposit. If you don't receive a check for the full amount within 5 days, you will be forced to file suit against her for the deposit and court costs.

2) Forego the latter and just file suit.

My opinion is you will save time and energy if you make one more try stating the facts and sending the letter, even better if the letter comes from your attorney. When faced with an open and shut case, she may just bite the bullet. And you DO have an open and shut case. It doesn't matter whether repairs were needed or not (though your reciepts showing you had the carpets cleaned will work in your favor if it comes to court). Since she didn't send you an itemized list within the time prescribed by law she forfeits the right to take them out of the deposit.

[Cvillecpm]

I moved out of my apartment on9/1. My deposit was supposed to be to me 21 days later. The land lord never said that there was a problem, never gave me list of repairs or cost for cleaning. The apartment was left spotless, I even painted the entire thing, had the rugs professionally cleaned etc. I also lived there 7 years. She finally responded to an email on 10/7 stating that she was only returning 1/2 of the $1500.00 deposit to me and said it needed cleaning and blinds replaced. I responded to her in my own defense, and as of yesterday 10/10 she said she was still only paying 1/2 my deposit back and would send it shortly. Still not telling when it would be mailed ie: mail date. Where do I stand here? I live in CA and according to what I have read about this, she had 21 days to return it to me or else she forfeits the entire amount.
Help!

File against her in CA Small Claims Court and include the additional monies allowed under 1950.5 of the California Civil Code.

[scri8e]

Security Deposit

Summary of the Law
       Under Civil Code Section 1950.5 [see below], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit.  
 

      Except for eviction for your breach of contract [such as nonpayment] the landlord MUST advise you of your right to a "preliminary inspection" <==={{ Sounds like this was not done as well. This law was put into place I believe in January of 2006? }}===> to be held within the last two weeks of your tenancy, and with enough time for you to make repairs or cleaning required to avoid those deductions from your deposit.  IF you request that inspection [and you always should], the landlord must do so where you have the right to be present, and give you a written list of proposed deductions then and there. 

       You then have the right to make the repairs and do whatever cleaning is required, before you leave, so as to avoid those cleaning and repair deductions.  If you did not cause the damage, or it was from normal usage, or it is not damaged, then you do not have to fix it, but you can take pictures of it, make notes about it, and get witness statements of it to later help you at trial, if necessary. You only have to return it to the state of cleanliness that you got it in. It is best for you to hire a professional cleaning crew to shampoo the carpet and clean the place, so that you have a receipt to prove that no further cleaning was necessary. You can get such a crew by recommendation from a property management company or other maid or janitorial service. With no furniture left, this should be much cheaper than a fully furnished place. 

    Before you leave, take pictures of everything. The building from the front and back, each room from the doorway and opposite side, every defect that was listed, every defect that you noticed was there [even if not charged for it], by both a distance shot and a close-up. Use a flash if necessary. Use the Habitability Checklist in the Repairs section of this site to help you identify defects.

     Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear. The list must itemize each amount, time spent, hourly rate, the name and contact information of the person who did the work, and what was done, and be accompanied by receipts. 
    If the landlord fails to return the security deposit, your remedy is to sue him in small claims court.

Make your demand letter clear, explaining which deductions were improper and why, and keep a
copy for court. Sue not only for the amount that you paid, but for "statutory damages and interest" for the landlord's bad faith retention of the security deposit. You can get your money back and then some, if  the judge agrees [up to twice the amount of the deposit for "bad faith" retention!]. 
Tell them to read Civil Code Section 1950.5.

 §1950.5. Security; Landlord's Use of Security
(a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant.
(b) As used in this section, "security" means any payment, fee, deposit or charge, including, but not limited to, any payment, fee, deposit, or charge, except as provided in Section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, including, but not limited to, any of the following:
(1) The compensation of a landlord for a tenant's default in the payment of rent.
(2) The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant.
(3) The cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy. The amendments to this paragraph enacted by the act adding this sentence shall apply only to tenancies for which the tenant's right to occupy begins after January 1, 2003.

(4) To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement.
(c) A landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to two months' rent, in the case of unfurnished residential property, and an amount equal to three months' rent, in the case of furnished residential property, in addition to any rent for the first month paid on or before initial occupancy.
(e) The landlord may claim of the security only those amounts as are reasonably necessary for the purposes specified in subdivision (b). The landlord may not assert a claim against the tenant or the security for damages to the premises or any defective conditions that preexisted the tenancy, for ordinary wear and tear or the effects thereof, whether the wear and tear preexisted the tenancy or occurred during the tenancy, or for the cumulative effects of ordinary wear and tear occurring during any one or more tenancies.
(f)(1) Within a reasonable time after notification of either party's intention to terminate the tenancy, or before the end of the lease term, the landlord shall notify the tenant in writing of his or her option to request an initial inspection and of his or her right to be present at the inspection. The requirements of this subdivision do not apply when the tenancy is terminated pursuant to subdivision (2), (3), or (4) of Section 1161 of the Code of Civil Procedure. At a reasonable time, but no earlier than two weeks before the termination or the end of lease date, the landlord, or an agent of the landlord, shall, upon the request of the tenant, make an initial inspection of the premises prior to any final inspection the landlord makes after the tenant has vacated the premises. The purpose of the initial inspection shall be to allow the tenant an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security. If a tenant chooses not to request an initial inspection, the duties of the landlord under this subdivision are discharged. If an inspection is requested, the parties shall attempt to schedule the inspection at a mutually acceptable date and time. The tenant and landlord may agree to forgo the 48-hour prior written notice by both signing a written waiver. The landlord shall proceed with the inspection whether the tenant is present or not, unless the tenant previously withdrew his or her request for the inspection.
(2) Based on the inspection, the landlord shall give the tenant an itemized statement specifying repairs or cleaning that are proposed to be the basis of any deductions (3) The tenant shall have the opportunity during the period following the initial inspection until termination of the tenancy to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.
(4) Nothing in this subdivision shall prevent a landlord from using the security for deductions itemized in the statement provided for in paragraph
(1) No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1,

Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to the tenant.
(2) Along with the itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises, as follows:

http://www.caltenantlaw.com/Deposit.htm

[Cvillecpm]

I moved out of my apartment on9/1. My deposit was supposed to be to me 21 days later. The land lord never said that there was a problem, never gave me list of repairs or cost for cleaning. The apartment was left spotless, I even painted the entire thing, had the rugs professionally cleaned etc. I also lived there 7 years. She finally responded to an email on 10/7 stating that she was only returning 1/2 of the $1500.00 deposit to me and said it needed cleaning and blinds replaced. I responded to her in my own defense, and as of yesterday 10/10 she said she was still only paying 1/2 my deposit back and would send it shortly. Still not telling when it would be mailed ie: mail date. Where do I stand here? I live in CA and according to what I have read about this, she had 21 days to return it to me or else she forfeits the entire amount.
Help!

Sue her in Small Claims Court - Assuming you are in CA (21 days) you need to check Ca Civil Code 1950.5 for your options for punitive damages since she has not followed the necessary rules.

[scri8e]

The result of your Landlord's actions are these. She owes you your entire security deposit of $1500. She additionally owes you
another $1500. By her actions/non-actions of
NOT giving you a PRE-INSPECTION which is =LAW= as of Jan 1, 2006, AND by not giving you an itemized written accounting with the remainder of your security deposit within 21 days of
move-out. She has not only forfeited her right to withhold any security deposit money. She is
pentalized in the eyes of the court for not following proper procedure mandated by CA Landlord Tenant Law which =IS= Ca Civil Code 1950.5. That I quoted in part in my post above.
Go to the link I provided for the entire code.
That link also has a "KIT" available for a $ fee if you are interested. I have nothing to do with that site. Therefore I will not promote it and wouldn't do such a thing in help forum.
I cut out that information and provided the link instead for your benefit.


BTW I am a CA Landlord. I have owned and managed my properties for 10 years. Why the heck am I posting in a Tenants forum? Because
bad Landlords give us law abiding Landlords a bad rep. I also believe in walking in the Tenants shoes so I get a better perspective.
Your Landlord is newbie. She has broken the law and she needs to learn from her mistakes. Do us all a favor and please do sue her in small claims court.