Security Deposit wont return deposit

[abligownie]

California


Okay, I was renting month to month utilities included from somebody i met on craigslist. I have a signed contract from him stateing month to month utilites included.
I gave him an 18 day notice that I was moving out. The day I moved out he decided he wasn't going to pay me back my $500 deposit, and that he had 21 days to do so. That is true, so I had him write out another statement that he would in fact pay me back my deposit within 21 days and he signed and dated it. So now I have two documents with those facts.
I also have a BUNCH of text messages for evidence.
Day 21 rolled around and I did not recieve anything.
On day 23 I recieved an email with an itemized list stating that since his origional ad on craigslist said utilities were seperated, that even though we changed the origional price and negotiated the utilitites and have proof that he signed that lease agreement, that because his original ad said utilities were seperate that now I owe him for those utilites. He also states I owe him $50 for carpet cleaning... from what I have read you can't charge for normal wear and tear and I have pictures proving the carpet was just fine when I left. All in all he says he only owes me $11.08.
First of all when I moved out I requested RECIEPTS of any services or products used to fix or clean anything. He did not give me any proof of reciept just a simple list of things he made up to charge me.
So not only is he trying to say he only owes me $11 but he didnt do it within the 21 days, and he didnt send me a check he just simply sent me an email. I believe he owes me the full amount back plus twice that plus court fees and anything else I can get because he is simply being a bully and this is causing me so much stress its unbelievable. I am 20 and he is 34, why can't he just act like an adult and do what is right? It's not fair.

What do I do next? Do I have to send him anything? or just file the cliam? what is the next step? I need help.

 

[army judge]

California


Okay, I was renting month to month utilities included from somebody i met on craigslist. I have a signed contract from him stateing month to month utilites included.
I gave him an 18 day notice that I was moving out. The day I moved out he decided he wasn't going to pay me back my $500 deposit, and that he had 21 days to do so. That is true, so I had him write out another statement that he would in fact pay me back my deposit within 21 days and he signed and dated it. So now I have two documents with those facts.
I also have a BUNCH of text messages for evidence.
Day 21 rolled around and I did not recieve anything.
On day 23 I recieved an email with an itemized list stating that since his origional ad on craigslist said utilities were seperated, that even though we changed the origional price and negotiated the utilitites and have proof that he signed that lease agreement, that because his original ad said utilities were seperate that now I owe him for those utilites. He also states I owe him $50 for carpet cleaning... from what I have read you can't charge for normal wear and tear and I have pictures proving the carpet was just fine when I left. All in all he says he only owes me $11.08.
First of all when I moved out I requested RECIEPTS of any services or products used to fix or clean anything. He did not give me any proof of reciept just a simple list of things he made up to charge me.
So not only is he trying to say he only owes me $11 but he didnt do it within the 21 days, and he didnt send me a check he just simply sent me an email. I believe he owes me the full amount back plus twice that plus court fees and anything else I can get because he is simply being a bully and this is causing me so much stress its unbelievable. I am 20 and he is 34, why can't he just act like an adult and do what is right? It's not fair.

What do I do next? Do I have to send him anything? or just file the cliam? what is the next step? I need help.

If you aren't satisfied with the $11, you'll have to sue him in small claims.

It seems as if we are only talking about $50-60 here, however.

If you file a small claims suit, it will cost you about $100-125 (with the initial fees and service).

Suing doesn't make much sense in this case.

You might try to negotiate and say, give me $25 more and we have a deal.

If you sue, it could take 6-8 weeks before your case is heard.

Then you still have to collect your money, if you prevail.

 

[abligownie]

no, we are talking about $500....

 

[army judge]

no, we are talking about $500....

Well, if makes a little more sense to go after that.

If you prevail, you can get him to pay court costs.

But, you don't get money in small claims.

You get a judgment that you have to enforce, assuming you win.

Don't expect to see a dime of the $500 for 3-4 months, at least, if you prevail.

I've seen people fight over this crap for a year, year and half, to no avail.

So, GOOGLE "CA <your county> Small Claims" and get familiar with the process.

You will need to send him a demand letter to start the process.

 

[mightymoose]

It is very possible that if you file in small claims you might get him to pay in order to avoid court... but then you are out the court fees. Better to receive something than nothing though.