Q: The apartment complex we just moved from has not returned our security deposit.
We have gotten the itemized list where we were told we’d be getting $1549 back. They sent the check then they voided it right before it arrived because “the wrong amount was sent”. When we got the check in the mail it was for the correct amount. We were told the new check would be delivered by 9/13. On 9/16 we called the leasing office to ask were the check was. They had no answers and said they’d contact management . We still have no answers. We asked for them to expedite the check and they simply said they don’t know if they can do that. We were waiting for this check for certain expenses. We moved out 8/22 and it’s 9/18 and no check. What should my next step be?
A: Under Civil Code §1950.5(l), you can obtain up to twice the amount of the security deposit your LL withholds from you in bad faith. File a small claims action, gather all your evidence, make copies and a summary of events/damages to prepare for trial. If you are not sure about how much to ask for, ask for the maximum amount of $10,000, the court can always award LESS than you ask for but it CANNOT award MORE.
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