| THIS IS A READ-ONLY ARCHIVE FROM THE SORABJI.COM MESSAGE BOARDS (1995-2016). |
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I mean, really, *where* is the spirit of Christmas here? I was thinking about sending along a little Christmas loving myself, something along the lines of: Dear fuckface: I am somewhat concerned about your failure to contact me regarding the return of my security deposit. As you know, I have made several attempts to contact you, and have received no reply. I am not sure if you are aware of several provisions in California regarding the always sticky issue of the security deposit, so I thought I would include them for you (they are also available in full length at http://www.leginfo.ca.gov). Section (f) of California code 150.5 states that: “Within three weeks after the tenant has vacated the premises, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to the tenant.” Today being the 26th of December, it is long past the official three weeks (21 days) since my vacancy of the room. You should also be aware that according to section (k) of California code 150.5: “(k) The bad faith claim or retention by a landlord or the landlord' s successors in interest of the security or any portion thereof in violation of this section, or the bad faith demand of replacement security in violation of subdivision (i), may subject the landlord or the landlord's successors in interest to statutory damages of up to six hundred dollars ($600), in addition to actual damages. The court may award damages for bad faith whenever the facts warrant such an award, regardless of whether the injured party has specifically requested relief. In any action under this section, the landlord or the landlord's successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits.” I understand that, being the end of the year, it is often difficult to pay bills. You will of course appreciate that I am in a similar situation. Rather than taking legal recourse, I would prefer to reach an understanding regarding my deposit—some sort of confirmation of the amount due and a date by which you estimate it will be mailed would be appreciated. Should you fail to respond to this letter, I will be obligated to take legal action, since continuing to ignore me would be construed as acting in bad faith. sincerely, your very pissed off tenant Anyone had a crappy landlord/have ideas? Apparently I can put a lien on her property without taking her to court. Which might be kind of satisfying but not very productive...I really was trying to be nice about this, but I'm just not in the mood for being fucked around right now. Why, God, WHY? |
I'll just give you my lil' ole' humble opinion and impression of the letter, since all I know about the California legal code is what you've put up there. I don't know if you should even mention any legal mumbo-jumbo??? Regarding the final paragraph, I think you should emphasize your desire to avoid legal action, but be firm about getting your money from her, not an estimation. The part about paying bills sounds a little strange...I know you are trying to be nice, but returning a security deposit is not a bill. Now, if I read correctly, shouldn't she have that money readily available? And if she she does not, she has to be able to tell you what landlord-related expenses she used it for, correct? Good luck. I'll show me mum if I get a chance tomorrow, but I don't think she will be much help as she deals with mostly Massachusetts and New Hampshire real estate. |
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However, since she behaves like a three year old, this may be difficult. Bleh. I just want my money. |
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sem, that's awesome. my new landlords are really cool. They didn't actually ask for a security deposit, but if they had, they would be cool about it. i'm only going to rent from cooler old people now, that's the new rule. |
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Ok, so my lawyer called her, and I got a very bitchy email (which she would really regret if I ever took her ass to court), and I sent her back a very nice email, something like: "ok, thanks, I was just worried since I hadn't heard from you, have a nice new year." She's claiming that I'm not entitled to my deposit until the 10th, since I gave notice for the 20th. California law clearly states that I am entitled to the deposit within three weeks of vacancy, regardless of when I gave notice. (Or so my lawyer assures me.) So, I really wanted to say "you fucking bith whore, go read section 1950.5, and SUCK IT!" But I didn't. Anyway, my lawyer said that I should be nice and wait until the 10th, even though she's wrong, and then haul her ass to court. Either way, she's getting a snarky note from me as soon as the check clears. Something along the lines of "rot in hell, bitch." Meanwhile, I have 7.46 in my bank account, and I would really like it if some of the places I applied for jobs at would hurry up and reply. |