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What is the cost to ask a question? I am a tenant.

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Real Estate Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Because laws vary from place to place, can you tell me what state the property is in?

California and how do I know what the rest $$ is going to be? You could charge me anything.

Lawyer's Assistant: Has any paperwork been filed?

No, Not yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is just a question about my deposit check that is late and they are giving me the run around. they have to get it to me by 21 days legally and we are past that.

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 27 minutes by:
11/17/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,377
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 8 months ago
Legally they have to refund my check within 21 calendar days. We are now at around the 30 day mark. I have called 3 times. I know what I am getting refunded and everything was ok'd at move out. They just won't send it. I was told it was mailed and it wasn't. The manager will not give me the owners contact information. They owe me 1555.00
Lawyer: Legal Eagle, Lawyer replied 8 months ago

This appears to be a classic breach of contract and a violation of Cal Civil Code Section 1950.5. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me today?

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Customer reply replied 8 months ago
Thank you. I just don't get it. He owns several complex's in the area and used to bean attorney! I will try the website you suggested.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

The pleasure is all mine! There’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

  4. Don’t forget to tell your friends about justanswer.com!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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