Return of Deposit

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kenrwal

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I Did not receive my deposit within 21 days per CA law.

After about 35 days I began to visit and call the manager/owner. I was told the check was mailed but never cashed. They had a forwarding address and a change of address was put in with the PO. All my other mail is being forwarded.

After 46 days I received a check for $580 of the original $2000. I immediatly sent a letter to the manager disputing the deductions and the time delay. No response or contact, they did not want to talk to me.

I gave the owner a couple weeks to respond to my request of $1500 be returned and he could Keep $500 for general cleaning but I felt as though he actually owed me the full $2000 due to the time delay. I offered him the $500 because I thought we had a good L/T relationship for the two years I lived there.

No response at all so I filed a small claims case for the entire $2000 based on the 21 days.

I have since found out he lied about the cleaning & repairs. One thing he said was the garage shelves were deep cleaned for a cost of $80. The garage was completely remodeld within 30 days of my move out with new plaster walls, new flooring and new garage storage cabinets, the deep cleaned "shelves" are gone.

I am trying to get pictures of the garage. I dont care to get extra compesation but the law states if he acted in "bad faith" I could get up to twice the amount of the deposit. I told him that in the letter.




Questions:
(1) can I cash the check for $580 before the case is heard or does this constitute me "accepting" his offer.

(2) should I persue the "lying" and try to get pictures or just stick to the 21 days aspect of the case.

(3) becuase he never called or notified me regarding the delay does that constitue "bad faith"?
 
The easiest one to prove is their failure to provide you this information within the 21 day limitation. Of course they could have proof that they did mail a check within your states requirements and that it was never cashed and that after you contacted them another check was cut. Mail does get lost at times.

Then your argument would swing to the actual amount held for damages above normal wear and tear.

I'd hold on to the check they did send you until after the court hearing.

Gail
 
Proof? an envelope marked "return to sender" I guess. It would have to be addressed to me at the correct address or it would have a Post Office change of address lable on it. how else could they prove they sent a check and it was returned?

Thanks for the replay.
 
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