Landlord holding the deposit money

[angeladvice]

I am planning to send a demand letter to my previous landlord for holding my rental deposit money.

The Landlord failed to provide me with any itemized statement or bill pertaining to the repair of the unit even after 21 days of vacating the unit as specified here (https://codes.findlaw.com/ca/civil-c...ct-1950-5.html) - This is even after my repeated attempts to get it from him via text and emails.

So I am planning to write him a demand letter and subsequently reach out the small claims court.

Facts of the matter
----------------------
1) Only after a month with me actively pursuing him for some kind of bill or estimate, he sent me some mold repair estimation without any itemization accusing us causing the mold damage in the bathroom.

2) He has retained both the prorated rent (I pre-paid full months rent even though we stayed for two weeks) and the initial rental deposit.

3) Other bathroom had to completely remodeled due to mold damage while we were living there - We lived in the unit even while the professionals were removing the toxic mold wearing masks.

4) Even the rental property manager who managed the property for him agreed that the unit always had mold issues and asked us to send a demand letter.

5) I did not provide him with my new address, but we were communicating via emails and text after we vacated the unit, so he could have sent it if he really wanted to.

I would really appreciate what other things I should be aware of, to maximize my chances of getting the money back?

 

[quincy]

You did not provide your landlord with your new address?

 

[angeladvice]

Yes I did not, but will that be a deciding factor given that we were communicating over email and text?
Also he is obligated to send the bill to the last known address which is the unit isn't it?
So we can ask for the proof (USPS/FedEx receipt etc) to show that he did send it?

 

[Zigner]

I would really appreciate what other things I should be aware of, to maximize my chances of getting the money back?

What you should be aware of is that there is a difference between winning your small claims case (better than even odds, in my opinion) and collecting money (I can't comment on that). What you should also be aware of is that, even though you didn't receive the requirement notice, the LL will still have the opportunity to counterclaim for the actual amount of damages you caused. You will have to prove that he did not follow the law, and he will have to prove the damages.

Let me give you an example with purely made up numbers:

Deposit: $1,000
Provable damages to unit: $975

You go to court and sue for $1,000. He counterclaims for $975. You both win and you end up with a $25 judgement to collect.


I'm not saying that's how it will go down...I'm just pointing out the possibility.

 

[Zigner]

Yes I did not, but will that be a deciding factor given that we were communicating over email and text?
Also he is obligated to send the bill to the last known address which is the unit isn't it?
So we can ask for the proof (USPS/FedEx receipt etc) to show that he did send it?

He will have to prove (to the court's satisfaction) that he complied with the law. As you say, he will need to prove that he mailed the notice to your last known address.

 

[PayrollHRGuy]

So we can ask for the proof (USPS/FedEx receipt etc) to show that he did send it?

He will have to prove (to the court's satisfaction) that he complied with the law. As you say, he will need to prove that he mailed the notice to your last known address.

Which may just come down to his word that he stuck a stamp on it and mailed to the last known address (the apartment).

 

[Zigner]

Which may just come down to his word that he stuck a stamp on it and mailed to the last known address (the apartment).

While true, the OP has other evidence (the text messages) that may tend to counter it.

 

[PayrollHRGuy]

While true, the OP has other evidence (the text messages) that may tend to counter it.

I may have missed it twice but the only mention of text messages I noticed was.

5) I did not provide him with my new address, but we were communicating via emails and text after we vacated the unit, so he could have sent it if he really wanted to.

The LL has no requirement to send squat via email or text and without looking had the OPs state law may well be required to send via mail to the last known address.

 

[Zigner]

I may have missed it twice but the only mention of text messages I noticed was.



The LL has no requirement to send squat via email or text and without looking had the OPs state law may well be required to send via mail to the last known address.

I agree - that's why I couched my response with the word "may".

 

[angeladvice]

Which may just come down to his word that he stuck a stamp on it and mailed to the last known address (the apartment).

Really?? He can just say he mailed it to the last known address anytime after he is sued? That does not sound right...
I mean if he did not send it within the required time frame , then there is no way to prove he did not?

 

[PayrollHRGuy]

Really?? He can just say he mailed it to the last known address anytime after he is sued? That does not sound right...
I mean if he did not send it within the required time frame , then there is no way to prove he did not?

Unless you have some evidence that he didn't mail it there is no reason the judge shouldn't take his word for it. It isn't like you gave him your forwarding address as you should have.

 

[Zigner]

Unless you have some evidence that he didn't mail it there is no reason the judge shouldn't take his word for it. It isn't like you gave him your forwarding address as you should have.

I don't disagree - except that the demeanor of the witness(es) can play a part as well. In other words, who comes across as more credible.

 

[Gail in Georgia]

If the landlord is smart he/she did send the notice to the last know address (the rental property), collected the letter and has kept this envelope unopened in the former tenants file as evidence that an attempt was made to notify them of the status of their security deposit.

Gail

 

[PayrollHRGuy]

If the landlord is smart he/she did send the notice to the last know address (the rental property), collected the letter and has kept this envelope unopened in the former tenants file as evidence that an attempt was made to notify them of the status of their security deposit.

Gail

And if he is really smart or dumb (depending on the savviness of the judge) he uses Stamps DOT com who doesn't put a date on their web printed stamps that aren't canceled by the post office.

 

[angeladvice]

If the landlord is smart he/she did send the notice to the last know address (the rental property), collected the letter and has kept this envelope unopened in the former tenants file as evidence that an attempt was made to notify them of the status of their security deposit.

Gail

But if he did not do it at all, it looks like it is very easy to fake it which does not make sense to me because it renders the law useless.