Santa Clara California Complaint - Lessor Failure to Return Security Deposit
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How to fill out Complaint - Lessor Failure To Return Security Deposit?
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FAQ
If your landlord refuses to return your deposit, start by reviewing your lease for the terms regarding the security deposit. Next, reach out to your landlord to formally request the return of your deposit in writing. If they still don't comply, consider filing a Santa Clara California Complaint - Lessor Failure to Return Security Deposit through the appropriate channels, as this may encourage your landlord to resolve the issue.
But the bad news is that there is no state law in California requiring a landlord to pay interest on a security deposit.
You'll need to take your landlord to the small claims court to get your money back. You'll usually have to pay some court costs to go to small claims court - you should get the costs back if you win your case.
Generally, a professional cleaning company can clean an empty unit for $200, including shampooing the carpet. Deductions for damage are only permitted if you caused them and they are beyond normal wear and tear.
A landlord can deduct from the tenant's security deposit: The cost of fixing any damages to the property caused by the tenant or the tenant's guests.The cost of cleaning the unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in (less reasonable wear and tear).
Landlord Not Returning the Security Deposit: What to Do If your landlord refuses to return your security deposit, ask the landlord to substantiate his decision. If he refuses to do so, consider sending a letter of demand. As a last resort, you may file a claim in the Small Claims Tribunals.
Under California law, a landlord must return the renter's security deposit, with an itemized statement of deductions, within 21 days after the renter has surrendered the rental property to the landlord (that is, returned the keys and vacated the property).
If the tenant and landlord cannot reach an agreement on the amount of the security deposit returned, the tenant can file a lawsuit against the landlord for return of the security deposit. The tenant can sue for: The amount of the deposit, plus. Twice the amount of the security deposit in damages.
If a landlord does not return the entire amount of the tenant's security deposit within the 21 days required by law, and the tenant disputes the deductions from the deposit: The tenant can write a letter to the landlord explaining why he or she believes he or she is entitled to a larger refund.
Your demand letter should: Concisely review the main facts and lay out the reasons your landlord owes you money. Include copies of relevant letters and agreements, such as your notice to move out. Ask for exactly what you want, such as the full amount of your deposit within ten days. Cite state security deposit law.