Sample Letter of Demand Rental Deposit Return Los Angeles

There are free mediation services if you need help especially if you have an address in the San Fernando Valley.  That was not an option for me due to location.

My landlord was being unreasonable so I knew we were on the path to small claims court.  Prior to filing, I had to try to persuade her to be reasonable.

I called, I wrote emails and certified letters to document everything.  I had to send a letter of demand for the rental deposit return.  I got some help from the Housing Commission who sent me a draft that had the housing codes on it and that I could use as a template.

SAMPLE LETTER

DATE

NAME OF LANDLORD

ADDRESS

CITY, STATE, ZIP

Re: Security Deposit

Dear LANDLORD:

            I occupied your APARTMENT/HOUSE at ADDRESS from INSERT DATE to INSERT DATE. When I moved in, I paid the required $ INSERT AMOUNT in security (and cleaning deposits), but I have yet to receive any refund on this. According to California law, cleaning and security fees must be returned to a tenant within 21 days of the date the tenant vacates the premises.  If there are any deductions from these deposits, the tenant is entitled to an itemized written statement that lists the amounts and reasons for any deductions.  As of January 1, 2004, a landlord must send copies of receipts for charges incurred by the landlord to repair or clean the rental unit if expenses exceeded $125.00. In addition, a landlord may claim only such amounts of the security if reasonably necessary;

·       For unpaid rent;

·       For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;

·       For repair of damages, other than normal wear and tear, caused by the tenant or the tenant’s guests; and

·       If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.

(paragraph 2-Optional) Did your landlord do a walk-through inspection with you? If not, include this in your letter:

As of January 1, 2004, a landlord is to notify a tenant before the end of his/her option to request an initial inspection with the landlord to remedy any deductions from the deposit. Since you never informed me of this option I feel you should consider that when returning my deposit.

(paragraph 3-Optional) Explain here how much time you spent and what actions you took to clean the apartment before you vacated.  Did the manager or someone else check it over when you were through?  Did you take inventory or shoot some pictures? If so, mention it.

            California Civil Code §1950.5, in addition to the above, states the court can order a landlord to pay the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit as a “bad faith” penalty. The court can award a bad faith penalty in addition to actual damages incurred by the tenant. If I have not received the refund and/or acceptable accounting of my deposit by (date), I am prepared to initiate suit for the amount of my deposit including punitive and actual damages.

If you have any questions, please contact me at INSERT PHONE NUMBER.  Otherwise, please mail the refund check to:

NAME

ADDRESS

CITY, STATE ZIP CODE

Sincerely,

SIGN NAME

PRINT NAME