So I finally got around to writing our old landlord to demand our security deposit refund. It's only been nearly a year. A testament to how apathy and laziness integrate in my psyche. For fun, I'll be sharing my correspondence with them with you.
Oro Properties
Greg Thomas
Jay & Ann Nelson
I am writing because as of this date, September 8th, 2006, I have yet to receive a refund on my security deposit, nor have I received an itemized list of deductions with receipts.
Under California Law (Civil Code 1950.5(g)(1)), 21 or fewer days after I, the tenant, move, you, the landlord must either:
Send me a full refund of my security deposit, or
Mail or personally deliver to me an itemized statement that lists the amounts of any deductions from my security deposit and the reason for the deductions, together with a refund of any amounts not deducted.
You requested additional time to assess these costs. I have given you more than enough time. Additionally, under the same civil code, within 14 days of completing repairs, you must mail me the correct itemized statement, receipts and remaining refund. As the unit is currently inhabited, the unit has obviously been completed in its cleaning and you have yet to be in compliance.
According to California Supreme Court decision (Granberry vs. Islay Investments (1995)), if the landlord does not provide the refund, deductions and receipts after 21 days, the landlord loses the right to keep any of the security deposit and must refund its entirety to the former tenant: my wife and myself. Civil Code 1950.5(l) dictates that if this matter has to be resolved in court, where a landlord has failed to meet the above stipulated requirements on handling of security deposit, I can be awarded the security deposit, court fees and penalties up to a maximum of $7500.
I feel as if we have been more than patient in waiting for you to perform your duties as legally required and we ask that you now submit to us the full refund for our security deposit of $1200.00 as a year has passed without your deductions and receipts: a significant amount of time beyond the 21 days wait required by law.
Sincerely,
David Peterson
Denise Peterson
address adress address
Chico, CA
9592something
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3 comments:
Dude, this might just be *ME* being paraniod... but you might want to edit out the end where you give your and denise's physical address.
That was fantastic! I so could've used that years ago when I was waging war over the same thing.
And I agree with Drew on the address thing.
If he doesn't give an address, how will they mail him a check?
Beautiful letter. I had to write a similar letter about 8 months ago. My previous landlord is an officer for the City of Gridley, so I was worried about the response I would get. He coughed up within a week, I hope you get a similar response.
(You did send it certified mail return receipt requested, right?)
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