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Security Deposit, Bad Faith Retention


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#1 hhjsofi

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Posted 26 January 2012 - 12:51 PM

I'd really appreciate it if someone would be kind enough to quote the California Civil Code Section section that covers the "Bad Faith Retention of a Security Deposit" by a landlord, and post it for me, and any others who might be interested, to be able to read..Of course, any appeals that might have been decided under  this law might also prove helpful - if it is easy enough to either download or just tell me to go to my county Law Library for citations.....I'm just really wondering what the possible statutory penalties there may be, the landlord's responsibility to give Notice as to the spending or other reason to keep the Deposit; burden of proof, time frame for the return/notice, limitation on the filing of a matter, etc.
As I recall, it is something like: return within a reasonable amount of time and/or give written notice, via certified/registered mail - - with a Civil penalty of a couple hundred Dollars, in addition to the deposit and the cost of bringing the action...I DO NOT have any idea if there is a statute of limitations to bring a matter such as this before a Court, except (perhaps) the three (3) years that would apply to fraud.
Many Thank, in advance


#2 Fallen

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Posted 27 January 2012 - 04:07 AM

You don't need a section quote, you don't need case law or citations.  In other words, you're making this overly complicated out of the gate, it appears.  This is almost certainly a simple small claims court matter.

All you need to do is go read the CA booklet on the topic of landlord-tenant matters; google "California landlord tenant" and it will pop up:


http://www.dca.ca.go...ook/index.shtml


"Appeals" aren't something that would be readily available online (never mind you'd have to know what court you're referring to).


This wouldn't involve fraud.  I can't fathom why you'd be worried about a statute of limitations of any kind, unless you've already sat on this for at least a couple of years (which wouldn't make sense). 


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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