Security Deposit Question

[ParaJoe]

So I was renting a house from a company, let's just call them Company X. During my tennancy I discoved that Company X was very shady i.e: never paid contractors for work completed, delayed payment to me for repairs done to the house, and so on and so on. I paid a security deposit of 750$. Thirty days before vacating I let them know that I was moving by fax and phone. Nothing was found wrong with the house and it was clean upon the inspection of me moving out. Due to previous transactions with Company X and there track record I was pretty sure that they were not going to deliver my security deposit to me within the allotted amount of time. Sure enough, the 21 days set by law came and went and I had no check in the mail. So I phone Company X and to inquire where my security deposit is. They reply that it went out but are unsure of the amount of it and will not disclose the amount over the phone but assured me that I would be happy with the amount. I then ask the representative from Company X if she was aware that after 21 days, if I had not received my security deposit, that I was entitled to a full refund. She then tells me that I am incorrect and that it only has to be postmarked before the 21 day mark. Now, here is an excerpt from the Penal Code.

(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.

I don't see postmarked in there anywhere. I see that I should have received it by now, actually last Friday. So I beleive that since Company X has not furnished the security deposit on time I should receive a full security deposit regardless as per the Supreme Court decision in Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745 [38 Cal.Rptr.2d 650.

Now if I am off base here, please knock me back into line. I think I'm right but I would like some other opinions on this. I am getting all the info from the attached document. Any help is greatly appreciated. Sorry the post is so long and thanks for your reading/patience.

Joe

catenant.pdf

[kevin c]

You might want to look here, either for info on line or for reference to NoLo's very useful guides to landlord/tenant laws.

Remember that laws vary w/ the jurisdiction.

http://www.nolo.com/

[Chris Keen]

Take all of the info you've presented to us, and give it to a lawyer, because regardless of what we "believe" to be right, it's the lawyers and judges decisions who will matter most.

IMO you are correct, but I don't much power to help you out in this situation.

[Rob Boudrie]

I believe the security deposit also has to be held in a separate escrow account (not sure - it may be one escrow account per tenant) and you must be given interest upon departure. I'm not 100% sure of this, but it's worth a check.

At this point, I would send them a certified letter demanding the security deposit, information on where the required by law escrow accout is and the number of that account, and a copy of the bank statement showing interest earned to date. Even if they are sleazy, they are less likely to target a victim who (a) knows their rights, and ( hasn't moved a long distance away from the courthouse.

Although leases generally prohibit deducting the security deposit from the last month's rent, there is little a landlord can do other than bellyache if you do this. There is no way they will be able to file, have notice served and have an eviction hearing before you would be out anyhow - and the judge will include the security deposit the calculation of "who owes what" before the court. The landlord will have no actual damages (other than the damage of "not liking what you did").

But, I would never recommend doing this.

[ipscbob]

Take all of the info you've presented to us, and give it to a lawyer, because regardless of what we "believe" to be right, it's the lawyers and judges decisions who will matter most.

IMO you are correct, but I don't much power to help you out in this situation.

A lawyer may cost this much to research the stiuation and to write a letter or fax to the landlord. My time, effort, and rise in blood pressure would not be worth the effort to pursue this. YMMV

[Merlin Orr]

Walk into the landlord's office completely dressed in camo with a digital camera hanging around your neck. After giving you name - ask to speak to the (whoever) manager. When the manager appears snap pictures of him and everyone in the office that comes into view without saying another word. When they ask what you are doing - and they WILL ask - tell them you "just want to be sure there are no mistakes" and walk from the office. The check will be in the mail in an hour.

This will work.

[ParaJoe]

Walk into the landlord's office completely dressed in camo with a digital camera hanging around your neck. After giving you name - ask to speak to the (whoever) manager. When the manager appears snap pictures of him and everyone in the office that comes into view without saying another word. When they ask what you are doing - and they WILL ask - tell them you "just want to be sure there are no mistakes" and walk from the office. The check will be in the mail in an hour.

This will work.

I like this idea a lot but it's just not feasable as the landlords office is 150 miles away. I think that I will try to talk to them and probably give up in the end. It's just the principle behind the matter that really bothers me.

Joe

[hitman]

25 bucks to file a suit in small clames court and they have to come to where you file.

Dont need a lawyer, just fill out a form and bingo.