Security deposit ????

[luke4275]

Question.. On DEc 15th I gave my 30 days notice, in writing to the agent and my landlord.. ( letting them know that I could vacate earlier if they found a new tenant that wanted to enter on the 1st of January) I spoke to the agent on about the 22of DEc. and he told me he found a tenant and that they wanted to move in on the 1st.. it was a done deal and I can leave with no worries to my security deposit.. Seems the check from the new tenant bounced and the agent is denying to the landlord that he told me I could leave.. The landlord says there was never a tenant coming in and I should've had this in writing. I thought , tht if the agent told me it is rented and I could go. over the phone. that this is ok./. NOw the landlord tells me, via a saVED EMAIL< that he spoke with the new tenants,. that he previously told me dont exist. and that they will be making good on the bounced check effective Jan 01 and if that happens, I will get back my money.. 15 days of rent is $2200.00 ( a lot of $ ) I saved all of his emails.. I sent a demand for the $2200 he deducted in the meantime.. My question.. I had nothing in writing from the agent that I could leave on the 1st of Jan,. only a verbal that it was a done deal and I can go. Would copies of these emails show a judge that while I had nothing in writing.. there was a deal and I could have been told to leave with no deduction to the 15 days , or bec the check bounced and they didnt move in,. am I on the hook??

 

[mightymoose]

You need to send them a polite letter that informs them of the law... which I believe requires them to produce the deposit within 21 days. If you are already beyond 21 days then it is very possible that the landlord no longer has the right to keep any of your deposit and must return the entire amount. They can not withhold your rent for this reason- you were released and they have a new issue with the new tenant over the rent that you have no responsibility for. The only deductions from your deposit should be for legitimate cleaning/repair that is beyond the scope of normal wear, which they must produce an itemized list of with receipts.
Just send them a letter asking for the immediate refund and give a reasonable deadline date before you file small claims. Under these circumstances they won't win in court, and they will be responsible to pay any costs you incur for taking them to court (if you ask for that compensation).

Here is some help with the letter (Only use this if it has already been 3 weeks, otherwise give them a bit more time):
http://www.courtinfo.ca.gov/selfhelp/smallclaims/secdepletter.htm