Riverside, CA asked in Elder Law for California

Q: Is it elder abuse if my former landord refuses to refund my security deposit?

When I asked for refund (after waiting 21 daysl) she told me to 'sue me'

I am a 71 year old man with my lower left leg amputated.

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1 Lawyer Answer

Jeffrey Louis Gaffney

Answered
  • Elder Law Lawyer
  • Carlsbad, CA
  • Licensed in California

A: It certainly can be elder abuse, but you would have to prove bad faith by the landlord. Is it possible that you don't get your deposit back for legitimate reasons? If the landlord is just a crook, then I am afraid you may just have to sue to get it back.

Try calling the Tenants Rights hotline for help: (888) 495-8020.

The definition of elder financial abuse in California is:

“Financial abuse” Under Cal. Pen. Code 15610.30 – Financial abuse" of an

elder or dependent adult occurs when:

(a) A person or entity does any of the following:

(1) Takes, secretes, appropriates, or retains real or personal property of an

elder or dependent adult to a wrongful use or with intent to defraud, or

both.

(2) Assists in taking, secreting, appropriating, or retaining real or personal

property of an elder or dependent adult to a wrongful use or with intent to

defraud, or both.

(b) A person or entity shall be deemed to have taken, secreted, appropriated, or

retained property for a wrongful use if, among other things, the person or

entity takes, secretes, appropriates or retains possession of property in bad

faith.

(1) A person or entity shall be deemed to have acted in bad faith if the

person or entity knew or should have known that the elder or

dependent adult had the right to have the property transferred or made

readily available to the elder or dependent adult or to his or her

representative.

(2) For purposes of this section, a person or entity should have known of a

right specified in paragraph (1) if, on the basis of the information

received by the person or entity or the person or entity's authorized third

party, or both, it is obvious to a reasonable person that the elder or

dependent adult has a right specified in paragraph (1).

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