Please help with landlord dispute

[adamj72]

I moved out 30 days ago and haven't received either my security deposit or a list of deductions. By California law, she should have sent it within 21 days. I sent a letter to my landlord 2 days ago asking for the payment. We'll see how she replies. My questions are these:
1. Do I need to submit my claim in person at small claims court. I moved to N. Carolina from California. I understand I need to be there for the trial, but can I file from here?
2. Does the landlord at this point have any legal grounding to take money out of my deposit, since 21 days have passed. She wants to deduct 1/2 the money on some bogus thing. She has not provided a list of deductions, receipts, invoices, or anything.
3. Can I claim for more money than the security deposit, because I'll have to fly from the east coast to collect money that's rightly mine?

Thanks for you help.

Adam

 

[mightymoose]

You should be able to file your case through the mail or maybe even online depending on the court... you shouldn't have to appear until the actual court date. If you are lucky then the other party will show up too.

Any correspondence sent to your landlord should be done by certified mail and you should be sure to retain your own copy. Do your part to settle the matter without the court and you will look that much better in court. The landlord will have to explain what any deductions were for. Your lease should list typical deductions from the deposit... damage other than common wear and tear is a common reason. It can't be used to repaint the place or buy new carpet though... unless you caused some sort of damage requiring it.

 

[Michael Wechsler]

Agreed with mightymoose. In addition, your letter should probably state that, as it is, her failure to pay is beyond law prescribed by the state. Any objections she had should have been made during that period. Her failure to pay the full amount further will result in your need to sue and for additional interest and damages. Let her know you're not going to stand for her deciding to take weeks to then claim bogus deductions and that you aren't afraid to take her to court.