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.
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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