If my landlord has not returned my security deposit and it’s been almost 6 months, will he automatically lose in court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my landlord has not returned my security deposit and it’s been almost 6 months, will he automatically lose in court?
In my state a landlord has 21 days to return your security deposit. It has been 4 months. I’ve sent 3 emails asking for it and gave him my new address. I’ve decided to file in small claims court. Will he automatically lose because he has made no attempt to return it? I don’t think he could even deduct anything from my deposit as I left the place spotless and was there for over 2 years. Also, he made me move without a proper 60 day written notice because he decided to rent the house to a friend of his son. My question is will he automatically lose?
Asked on July 30, 2010 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No one can tell you that you will 100% successful in any litigation, even when it appears to be so based upon a state statute. There can be "mitigating" circumstances in every situation. Whether or not a Judge wishes to use the circumstances in weighing their decision is another story. And instead of sending e-mails I would send a letter by certified mail and by regular mail as well. How do you know that the e-mails were received or were received by him? I am just playing devil's advocate here. And I am really unsure that you can do anything now about the improper notice to move since you technically consented to an alteration of the notice provision by moving. Hopefully you have pictures of the apartment the way you left it or witnesses or did a walk through with the landlord and had him sign something indicating that everything was ok absent normal wear and tear (an exit agreement of sorts). Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.