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I had a landlord deduct $600 in good faith from my deposit.

Customer Question
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I had a landlord deduct $600 in good faith from my deposit. He has not provided details on the estimate he received nor any receipts. We have asked for this but he has not responded. Is there a reasonable time he should get this to us.We live in California.Move out- 8/27/2017
Deposit Return -9/22/2017
Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
12/13/2017
Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 37,339
Experience: Attorney with 30 years of experience representing landlords and tenants.
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Lawyer: Loren, Lawyer replied 4 months ago

The landlord missed the 21 day deadline for returning the deposit or providing the statement of deductions. That means they must return the entire amount.

Make a demand that they return the entire amount.

if they refuse then file suit in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

If you prove to the court that the landlord acted in "bad faith" in refusing to return your security deposit, the court can order the landlord to pay you the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit as a "bad faith" penalty. The court can award a bad faith penalty in addition to actual damages whenever the facts of the case warrant—even if the tenant has not requested the penalty.

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Lawyer: Loren, Lawyer replied 4 months ago

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Loren
Loren
Loren, Lawyer
Category: Landlord-Tenant
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Experience: Attorney with 30 years of experience representing landlords and tenants.

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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.

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