Can anyone tell me, perhaps with suitable case law, from what specific date the 21 days for a refund of deposit actually runs from? We vacated a week early, and have proof via utility bills and witnesses, as well as the fact that it was mentioned in the 30 day notice letter we sent to the landlord. Does the 21 days run from the date of our vacating the premises, or from the end-date of our lease? Our landlady sent us an exorbitant demand exactly 21 days after the end-date of our lease, so this issue is very significant to us, and whether we have grounds to sue her for breaching Civil Code 1950.
Additionally, her statement has a breakdown of various damages and repairs that are way beyond what I signed off for at the walk-thru... but I was never given a copy of that walk-thru document. So stupid of me not to demand one there and then, though I did take some pictures. I have since asked for a copy of the checklist that I signed, but I'm not holding my breath. Immediately after the walk-thru, which occurred on the end-of-lease date, her manager asked for the keys back, so I was not given any opportunity to remedy the noted defects. Not that I'd have wanted to, I'd been cleaning all day, and I only signed off for dirty windows, and some weeds in a flower bed, I figured she'd charge me 50 bucks at most and I was just so tired by then.
Anyway, her itemized statement does not include any supporting invoices for the alleged repairs, painting etc. so even though she got the statement to me 21 days after the end-of-lease date, is she still technically in breach of the Civil Code 1950 by not including invoices or receipts? (I know for a fact she did not do any of the work herself, because my former neighbor did it, and she paid him cash under the table, oh and I think he's on welfare/temp disability right now too. A problem for me may be that he is also one of her tenants.)
Because we're too nice/dumb, I guess, we did inquire on 8/4 (20 days after the lease) about the return of our deposit. She said we'd have a check the next day. Bizarrely, she sent us an EMPTY Fedex Letter envelope (requiring a signature) which we received on 8/5; later that day, her manager delivered the itemized statement to us by hand. The owner has it dated 8/3, but the fax header reveals that it was faxed at 8.21pm on 8/5 to the manager to then hand-deliver to us. If she already knew on 8/3 that she wasn't giving us any refund, why did she tell us on 8/4 to expect a check the next day? I hate liars...
Finally, we only have a PO Box for the property owner, not a physical address. We have tried reverse phone number searches, people searches etc. to no avail, though we have discovered that she appears to use her maiden name, her married name, or a combination of both. They are very secretive, and have a large number of properties held in a number of trusts. So my last question is: can a small claims even be served to a PO Box?
Apologies for the eventual length of this post. Your wisdom is greatly appreciated.
Additionally, her statement has a breakdown of various damages and repairs that are way beyond what I signed off for at the walk-thru... but I was never given a copy of that walk-thru document. So stupid of me not to demand one there and then, though I did take some pictures. I have since asked for a copy of the checklist that I signed, but I'm not holding my breath. Immediately after the walk-thru, which occurred on the end-of-lease date, her manager asked for the keys back, so I was not given any opportunity to remedy the noted defects. Not that I'd have wanted to, I'd been cleaning all day, and I only signed off for dirty windows, and some weeds in a flower bed, I figured she'd charge me 50 bucks at most and I was just so tired by then.
Anyway, her itemized statement does not include any supporting invoices for the alleged repairs, painting etc. so even though she got the statement to me 21 days after the end-of-lease date, is she still technically in breach of the Civil Code 1950 by not including invoices or receipts? (I know for a fact she did not do any of the work herself, because my former neighbor did it, and she paid him cash under the table, oh and I think he's on welfare/temp disability right now too. A problem for me may be that he is also one of her tenants.)
Because we're too nice/dumb, I guess, we did inquire on 8/4 (20 days after the lease) about the return of our deposit. She said we'd have a check the next day. Bizarrely, she sent us an EMPTY Fedex Letter envelope (requiring a signature) which we received on 8/5; later that day, her manager delivered the itemized statement to us by hand. The owner has it dated 8/3, but the fax header reveals that it was faxed at 8.21pm on 8/5 to the manager to then hand-deliver to us. If she already knew on 8/3 that she wasn't giving us any refund, why did she tell us on 8/4 to expect a check the next day? I hate liars...
Finally, we only have a PO Box for the property owner, not a physical address. We have tried reverse phone number searches, people searches etc. to no avail, though we have discovered that she appears to use her maiden name, her married name, or a combination of both. They are very secretive, and have a large number of properties held in a number of trusts. So my last question is: can a small claims even be served to a PO Box?
Apologies for the eventual length of this post. Your wisdom is greatly appreciated.
