San Bernardino California Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment

State:
Multi-State
County:
San Bernardino
Control #:
US-01678BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

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.

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.

You may send legal notice to your landlord seeking the security deposit back, provided you have returned the rented area in good condition. The next step is to file a complaint in RDC.

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.

Gathering Evidence for Court a clear statement of how much money you claim your landlord owes you, and any penalties or other fees you seek, such as interest on the deposit (if required by your state or city) a copy of your demand letter and other correspondence with your landlord regarding the 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.

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.

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).

You can sue for the amount of the security deposit that your landlord wrongfully withheld, up to the state limit. The maximum amount for which you can sue in California Small Claims Court is $10,000.

If your landlord has not protected your deposit within 30 days, you can take legal action against them, including claiming back up to 3X the original deposit amount as compensation.

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San Bernardino California Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment