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Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 19674
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
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I moved March 21st put keys in drop box march22nd called and

Customer Question

I moved March 21st put keys in drop box march22nd called and scheduled electricity to be shut off that week landlord lied n said I moved n returned keys March 31st and didn't receive list and check for 172.50 till may 9 but it was dated April 22nd when they only had 21 days also I lived there for 8 yrs and being changed 653.00 for paint and 690.00 for carpet, can I sue I live in California
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Marsha411JD replied 5 months ago.
Hello,Thank you for the information and your question. Yes, if the landlord hasn't returned your deposit or an itemized list of damages and repair costs to you within the 21 days (postmarked within 21 days) of your turning the property over to them, or you disagree with the amount that was deducted, you can file suit in small claims court for the return of your deposit. You can also ask the court to award you double the amount you are owed if they find that the landlord kept the money in bad faith. The courts though do like to see that you tried to resolve the issue before filing suit. That means that it is preferred that a certified letter be sent by you to the landlord demanding whatever amount of money you think is coming to you and giving them a reasonable time to respond (generally 10 days is fine.) Keep a copy of the letter and if you don't get your money, then you can file suit and use that demand to show that you tried to resolve the issue. You can find out more about this issue and how to file your SCC case by going to the following link: Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

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