Q: LL never gave notice of walk-through inspection and is past 21 days for returning deposit. What are consequences?

A: Civil Code Sect. 1950.5 requires the landlord to return your deposit along with an itemized statement of any charges deducted from the deposit within 21 days of the tenant vacating the premises. If the funds are not returned, Civil Code Sect. 1950.5 (l) states "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 (j), may subject the landlord or the landlord’s successors in interest to statutory damages of up to twice the amount of the security, in addition to actual damages. The court may award damages for bad faith whenever the facts warrant that award, regardless of whether the injured party has specifically requested relief. In an 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."

The landlords failure to give you notice of your right to a walkthrough and its failure to return funds with an itemized accounting are factors that support the argument for a bad faith claim or retention by landlord. You may bring an action against the landlord seeking to recover your deposit plus two times more, and actual damages. If the deposit is less than $3,300, you may bring this action in small claims court, which has a jurisdictional limitation $10,000.