This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
California Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
State:
Multi-State
Control #:
US-01678BG
Format:
Word;
Rich Text
135 downloads
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FAQ
Can residential landlords ask for a non refundable security deposit? No. The right to get proper accounting from the landlord after you move out is protected under 1950.5 of the CA Civil Code.
If a landlord doesn't return a security deposit If the landlord doesn't return the entire security deposit within 21 days or the tenant doesn't agree with the deductions they can write a letter asking the landlord to return the security deposit.
It depends on what your receipt says. In most cases if you don't move in, the landlord can keep some or all of the deposit. If you believe your holding deposit was kept inappropriately, you can try our free mediation program to help you resolve the dispute.
You can get your deposit back by suing in small claims court. If the landlord misses the 21-day deadline, he forfeits the right to deduct anything. If he keeps the money in bad faith, you can sue for up to 3 times the amount of the deposit. The process is quick, easy, and inexpensive.
After the renter vacates the rental unit in California, the landlord has 21 calendar days to refund the tenant's security deposit.
Yes, you can change your mind about the property after you've paid the holding deposit. However, you won't be able to get your money back. Holding deposits are required for some properties to prevent tenants dropping out and compensate landlords for wasted time if they do.
(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 ...
If the tenancy goes ahead? You will get the holding deposit back. In most cases, it won't be returned directly, but will instead be rolled into your other costs such as the tenancy deposit or rent in advance.