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Renting property and getting a deposit back Archived From: Finance

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I have a quick question that I hope someone can help me with. I'm moving out of a house I've been renting on April 30th. I've been here for about 2.5 years and am quite sick of the landlord, the things he puts me through, the lying he does faking that he cares about me(very irritating) and perhaps most importantly the money he has extorted out of me.

Now my question is this. I live in California and under my understanding of the law he has to submit a written list to me of the damages he is repairing with my deposit or the deposit within 3 weeks after April 30th. I know he intends to take the entire deposit and I have my doubts he will send me a list, he doesn't know the law well at all or even speak very good English. If I move out on the 30th and specifically provide him with a new address where I can be reached and he doesn't send a list. Will I easily be able to get a judgment in court for the full amount of the deposit even if some portion of it is reasonably deserved? Is he no longer entitled to any of it after failing to provide a list within 3 weeks?

Thanks

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Here's a link to the California Dept. of Consumer Affairs site on the subject:

The landlord has three weeks to send you an itemized statement along a check for any remaining funds. He also has to send you any receipts if an outside company did the work (unless the work cost less than $126).

If he does not follow the rules, the law is that he is not supposed to be able to keep any of the deposit. Practically speaking... a court may not side with you if the charges are reasonable even if they aren't timely.

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The law is the law. I can't tell you what a court will do, but you'd think they'd side in your favor if the landlord violates it.

When leaving, you need to MAIL a registered letter requesting an itemized list and giving a forwarding address. This is the most important part if you're going to file a claim based on non-receipt of deposit. Without it, he'll just claim you didn't give an address.

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If you are expecting to go to court you will probably want to take detailed pictures of the house so you can have a record before you relinquish control of the house.

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dcg9381 said:The law is the law. I can't tell you what a court will do, but you'd think they'd side in your favor if the landlord violates it.

When leaving, you need to MAIL a registered letter requesting an itemized list and giving a forwarding address. This is the most important part if you're going to file a claim based on non-receipt of deposit. Without it, he'll just claim you didn't give an address.

Personally, I wouldn't take the step of requesting an itemized list. Simply notify him of your forwarding address. If you think he intends to keep your deposit illegally, why remind him of the law (which, as a landlord, he should be aware of) and tip your hand early if that's the argument you intend to use in court (if it comes to that)?

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