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hhjsofi

Security Deposit, Bad Faith Retention

2 posts in this topic

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

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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.gov/publications/landlordbook/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).

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