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MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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My landlord kept my entire $700.00 deposit when I moved out

Customer Question

My landlord kept my entire $700.00 deposit when I moved out in April of 2015. He says he sent me an estimate of $750.00 to completely replace the linoleum floor in entryway, kitchen and dining area. My friend moved into my old apartment and the flooring was never replaced and my money was never refunded. The old landlord says I owe him the $50.00 difference from the estimate and my deposit. Do I need to take this guy to court?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 1 year ago.

Hello and thank you for using the Just Answer website. Did you ever receive any communications from the landlord when you moved out in regards ***** ***** security deposit?

Also, in what state did you reside?

Customer: replied 1 year ago.
They say I was sent an estimate of repairs. I didn't receive that, but they were kind enough to send a copy with the response to my letter. I live in California.
Expert:  MDLawyer replied 1 year ago.

When did you send them a letter?

Customer: replied 1 year ago.
February 13 of this year. Their response is dated February 23. Moved out April 2015. It was my son that lived in the apartment. I'm the mom who signed on the lease. My son just recently told me that the entire deposit was kept.
Customer: replied 1 year ago.
Are you there?
Customer: replied 1 year ago.
Expert:  MDLawyer replied 1 year ago.

The statute of limitations for a written contract in California is 4 years and so you definitely are within the statute of limitations. Before going to the trouble of going to court, however, I would recommend sending a written letter, certified mail return receipt requested, to the landlord informing him or her that they need to return your security deposit or else you will sue them in court. I would also get an affidavit from the friend stating that the floor was never replaced or repaired.

Please let me know if this has answered your question. If it has, please be so kind as to leave a positive rating as that is the only way we get compensated for the time it takes to research and respond to your questions, since we are not Just Answer employees. If, however, you need additional information, please simply reply back to me so that we can continue our conversation.

Thank you so much for allowing me to assist you today.

Expert:  MDLawyer replied 1 year ago.

I apologize for the delay. The answer to your question required some California law specific research.

Expert:  MDLawyer replied 1 year ago.

Did you need any clarification on the answer I submitted to you a few days ago? Please let me know how else I can assist you since I noticed that you have not left me a rating. While leaving a rating is completely voluntary, we experts only get compensated for the time spent helping you if you leave a positive rating. Therefore, it would be much appreciated since that is what allows me to take the time in my day to help others such as yourself at such a low cost. Thank you in advance!

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