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If there is a court action, as part of the court case when you get the unlawful detainer you would ask the court to award you the security deposit for damages. If the court awards you the deposit for damages, NO NOTICE is due when they leave about forfeiting their security deposit. If the court does not award you the deposit as part of then upon them leaving you have to send the notice listing the damages as required by the code.
Thank you for your reply.
I had no idea what the court did, you never told me until your reply.
The court determined the Defendant falsely represented vacating the property, therefore it is up to the Plaintiff to ask the court as part of the damages in the court case pending to award the security deposit as part of the damages. If the court does not do so, then the plaintiff needs to give the 21 day notice as to why the plaintiff is keeping the deposit from the date they actually vacate. You said they are still in the property, the court found they falsely claim they vacated the property, so until they leave you do not send the notice. You do not send the notice if you ask the court to award it to you as part of the eviction judgment either.
NO, the defendant is NOT entitled to payment from the plaintiff for return of the security deposit. There was a judgment against the plaintiff for unpaid rent and as such the defendant is NOT ENTITLED TO THE DEPOSIT BACK the suit and judgment was the notice on that.
NO, the plaintiff was NOT obligated to give the security deposit back, the court even said it was "set off" so you received an award as plaintiff and they set that off by what you held as security deposit. That just means the court applied the security deposit to part of what was owed for damages.
So you did not give the notice BEFORE there was any judgment and the tenant moved out, it was not something that happened after the judgment was issued (when no 21 day notice would have been required). If you violated 1950.5 BEFORE any court judgment was issued, the court is correct that you should be penalized for that.
The judge cannot say you failed to give notice if she did not move out yet. So you have to prove she did not move out to the court. You need to appeal the decision. The court should not have said you failed to comply with the notice requirement if she had not yet moved out and only lied to the court saying she did. But that was your burden to prove she did not move out.
Under the circumstances, if the court agreed she moved out and you did not send the notice, then they acted properly in offsetting damages against you owing the security deposit refund for not giving notice to her. This is something you have to appeal and have the burden of proving she did not move out as she claimed and she obtained that judgment from the court based on fraud to the court and lying to the court.
Thank you for your reply.The tenant lied, you said that. It is up to you to prove they lied in court though. SO on appeal, where you get a new trial, you need to prove they lied so the defendant would not be entitled to the deposit because the notice was not get due because they truly did not move out as they claimed.