Please help with security deposit dispute

[adamj72]

I moved out on Sept. 1 but have not received either my security deposit or an itemized list of damages. In California this must be done within 21 days. I sent a letter on Sept. 28 telling my landlord she was in violation of the lease and indicating I would pursue it in court. My questions are:
1. Do I have to be present to file a claim? I'm in N. Carolina. I know I need to be there for the trial, but do I also need to be present to file?
2. Does she have any legal grounds to take money out of the deposit if she did not act within 21 days? She wants to take 1/2 the deposit over some minor damage (yes, she's a slumlord).
3. Can I only sue for the exact amount of the deposit, or can I add more due to the fact that I'll have to fly back to CA to sue? I think she's taking advantage of this fact to not pay.

Thank you,

Adam

 

[jacksgal]

1. If your going to sue its in your best interest to be at court
2. That will be settled in your suit
3. You cannot make a profit from this.

 

[jharris352]

I generally agree with Jacksgal.

1. You can file by mail, but you will have to be there for the trial.
2. The fair market value of the "minor damage" will be decided at court.
3. In addition to "not making a profit" damages do not include costs of attending the court hearings. You can't claim travel expenses, or days off work, etc.