Tenant Troubles: Sue For Security Deposit Or SOL?
I need to sue my former landlord, who I believe held my deposit on an old apartment in bad faith. I paid $950 for standard...
These are the comments for Tenant Troubles: Sue For Security Deposit Or SOL?
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Jim said:
October 21, 2009 10:03 AM
Reply
Seems odd that the landlord can't articulate his position, saying something like "get your deposit from your former roommate" or something.
Civil Code §1950.5 provides for statutory damages of up to twice the amount of the deposit assuming a judge feels there's been a bad-faith retention. The amount "that a landlord wrongfully withholds" doesn't enter into the equation. So, if there's bad faith the max penalty for that is up to double the deposit regardless of whether the LL made a partial refund...
Eve Batey replied to comment from Jim
October 21, 2009 12:02 PM
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Oh, Jim. You are always so eager to offer your stance on tenant issues, perhaps you should go into that area of law instead of just commenting on articles on the topic! From what I understand from Dave, there are many tenants in the City in need of help. Perhaps you can be the one to prove Beth wrong.
Jim said:
October 22, 2009 1:02 PM
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Not really a stance, more like a DYN correction suggestion. Here's the shortest non-PDF URL I could find about "twice the amount of the security". Lots of attorneys make this mistake.
http://74.125.155.132/search?q=cache:1eBzye8EI9YJ:absoluteca.websitetoolbox.com/post%3Fid%3D3245026+%22may+subject+the+landlord+or+the+landlord%27s+successors+in+interest+to+statutory+damages+of+up+to+twice+the+amount+of+the+security,+in+addition+to+actual+damages&cd=5&hl=en&ct=clnk&gl=us
I'm active. Sure, send 'em on over...