I want my $2400. security deposit back - advice?

I want my $2400. security deposit back - advice? by Anonymous (CA) on September 28, 2014 @14:05

I’m in San Diego CA and My now x-landlord refuses to give my boyfriends and my security deposit or a portion of it back, so I asked him over the phone for an “ offset worksheet” at least to see where our deposit of $2,400.00 went to. He refused that. I requested a phone call or email back at least to give me some sort of reason as to why we were refused our deposit and an offset sheet being that my boyfriend and I (both on lease as tenants) were, never late on rent, left the place cleaner than when we moved in, we were quiet, great tenants. He refused to email me back an appropriate response. I know he received my email because he asked who the email was from “before he could respond” I told him it was me, never heard a word back. He is a lawyer himself, (a contractor business lawyer-i think) Can i file a police report on him for stealing? When moving in we gave him our first months rent AND our deposit together on one check, not knowing we should have given him the two amounts separate bc the law states that the landlord shall NOT cash the check, landlord must put the security deposit in an account where each party has access to it, but he literally cashed it that same day!
What can I do next to try and get our deposit or a reason for not receiving it back is, without going to small claims?

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Re: I want my $2400. security deposit back - advice? by Anonymous on September 28, 2014 @14:20	[ Reply ]

if he doesnt give you a list of damages, then you can sue him for the deposit; some states allow you to sue for 2x or 3x the deposit. you should start sending him communications through CERTIFIED MAIL ONLY so that you can present them as evidence to a judge. this landlord is clearly banking on you not taking this to court, because he would 100% lose. make sure you let him know an address to mail your SD to so that you can prove to the judge that the landlord simply refused to mail it back

Re: I want my $2400. security deposit back - advice? by aNON on September 28, 2014 @14:37	[ Reply ]

CA is a model state as far as landlord-tenant laws, as they come down very hard on landlords who do not behave properly with returning deposits and other shady tactics typical of a lot of landlords. Provided all that you said here you can prove to a judge, this should be an easy win and you might be rewarded 100% or more of your deposit. Typically, the landlord must return it within 30 days of move-out or face penalties higher than the actual amount.

Re: I want my $2400. security deposit back - advice? by Garry (Iowa) on September 28, 2014 @15:08	[ Reply ]

Assuming all you have told us is not only true, but documented and provable, you WILL have to go court to get your deposit back. If he is an attorney, he has a lot more to lose in a court of law, than just money. He may have his license to practice law on the line. Judges do not like to see attorneys as a DEFENDANT in a court case. If a judge finds he acted unethically against you, he could be repremanded in worse ways than just having to give your deposit back. Be sure to have all your ducks in a row before going forward.

Re: I want my $2400. security deposit back - advice?

Re: I want my $2400. security deposit back - advice? by MrDan (Georgia) on September 28, 2014 @16:06	[ Reply ]

Not all lawyers know the laws when it comes to landlord tenant relations. Please read the following; http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml#legallywithhold You can find a tenant association in your area to help.

Re: I want my $2400. security deposit back - advice? by Anonymous on September 28, 2014 @17:25	[ Reply ]

did you get mold injury there? sue him. did you get lead based paint injury there? sue him. did you get dirty water there? sue him. did you get dirty breath air there? sue him. simply just keep suing......

Re: I want my $2400. security deposit back - advice?

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