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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 33702
Experience:  15 years practicing attorney, JD, BA, MBA
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Landlord kept my full deposit after my lease ended on it's

Customer Question

Landlord kept my full deposit after my lease ended on it's own terms. It had a "automatic renewal clause" but it wasn't IAW CA Civil Code 1945.5
JA: The Corporate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Corporate Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: Rental was in CA, Lease expired on April 1st, 2016. Provided a courtesy notice on March 3rd, 2016. Landlord took the keys on March 31st. Didn't send the deposit IAW CA Civil Code 1950.0, it was past the 21 day. Sent a letter of Demand and know she is kept the entire deposit plus threatening to sue for additional funds
JA: Is there anything else important you think the Corporate Lawyer should know?
Customer: that sums it up
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Corporate Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Business Law
Expert:  Barrister replied 7 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Did the landlord send you any itemized list of damages to justify keeping the deposit?.Were there damages to the dwelling that were caused during the tenancy?.If the landlord sent you something in writing, how long after you had returned the keys did you receive it?..thanksBarrister
Customer: replied 7 months ago.
Landlord sent a list of "damages" but some of these are pre move-in and documented on the move-in inspection form. The other claims are normal wear and tear. Example would be the walls weren't painted for 6 years. She charged a full amount to paint. There was no major damaged and have pictures to back that up.She sent the letter 25 days after we gave her the keysShe never provided the initial move-out inspection as we requested per CA Civil Code 1950.5 or provided time to correct any issue that would have been raised at that time
Expert:  Barrister replied 7 months ago.
Ok, then if she didn't actually mail it within the 21 days as required by law, then you can file suit in small claims court and ask for 3X damages for the unlawful retention of the deposit..She is in the wrong here and is bluffing you trying to scare you into not suing her.,As an aside, in addition to being an attorney, I have also been a landlord for over 26 years.....thanksBarrister

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