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Landlord refuses to return any portion of $2000 security…

Landlord refuses to return...

Landlord refuses to return any portion of $2000 security deposit. She does not claim any damages, just painting & tile & grout cleaning. I lived there for 3 yrs, 9 months. She also did not contact me regarding the deposit. When I had not heard from her, I texted her asking about it on 2/28. I have text messages supporting all of this.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

San Jose, California

Lawyer's Assistant: Has any paperwork been filed?

No, downy know if I have a case.

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

Can't think of anything.

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Answered in 4 minutes by:
3/7/2018
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,766
Experience: Attorney and Real Estate broker -- Retired
Verified

Hello,

I am a member of the State Bar of California and a licensed real estate broker.

If it's been more than 21 days since you surrendered the keys to the rental property (i.e., vacated premises), then you can sue in small claims court for twice the amount of the security deposit withheld. If you don't know the landlord's true address, you can serve the summons at the address for payment of rent in the lease agreement. Civil Code § 1950.5.

Piece of cake.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,766
Experience: Attorney and Real Estate broker -- Retired
Verified
socrateaser and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thanks for the help. I'll rate you. How do I go about Small Claims Court?
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socrateaser
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,766
39,766 Satisfied Customers
Experience: Attorney and Real Estate broker -- Retired

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It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

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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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