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发帖数: 47 | 1 住了将近2年的apartment，最近搬家，被房东恶意扣留deposit，准备走法律程序。贡
献一个刚写的给房东的信，大家建议并参考哈。（事情进展我会跟进）
主要参考这个网页内容：
http://www.dca.ca.gov/publications/landlordbook/sec-deposit.sht
owner address
Hi ***,
This is ***, who rent your apartment (address) from ... to ..., 2014. I’m
writing to you for the refunding of my security deposit (1795$, as evidenced
in attached contract copy) since right now I get nothing from you.
Under California law (Civil Code Section 1950.5(g)(1)), 21 calendar days or
less after my move, by ...2014, you landlord must either:
• Send me a full refund of your security deposit, or
• Mail or personally deliver to me an itemized statement that
lists the amounts of any deductions from my security deposit and the reasons
for the deductions, together with a refund of any amounts not deducted.
For the deduction of the security deposit, if happened, you landlord must
send the itemized statement, copies of invoices or receipts, and any good
faith estimate to me at the address that I provided (Civil Code Section 1950
.5(g)(6)). And please following these rules:
• If the landlord or the landlord's employees did the work - The
itemized statement must describe the work performed, including the time
spent and the hourly rate charged. The hourly rate must be reasonable.
• If another person or business did the work - The landlord must
provide copies of the person's or business' invoice or receipt. The landlord
must provide the person's or business' name, address, and telephone number
on the invoice or receipt, or in the itemized statement.
• If the landlord deducted for materials or supplies - The landlord
must provide a copy of the invoice or receipt. If the item used to repair
or clean the unit is something that the landlord purchases regularly or in
bulk, the landlord must reasonably document the item's cost (for example, by
an invoice, a receipt or a vendor's price list) Civil Code Section 1950.5(g
)(2).
• If the landlord made a good faith estimate of charges - The
landlord is allowed to make a good faith estimate of charges and include the
estimate in the itemized statement in two situations: (1) the repair is
being done by the landlord or an employee and cannot reasonably be completed
within the 21 days, or (2) services or materials are being supplied by
another person or business and the landlord does not have the invoice or
receipt within the 21 days. In either situation, the landlord may deduct the
estimated amount from your security deposit. In situation (2), the landlord
must include the name, address and telephone number of the person or
business that is supplying the services or materials. Within 14 calendar
days after completing the repairs or receiving the invoice or receipt, the
landlord must mail or deliver to you a correct itemized statement, the
invoices and receipts described above, and any refund to which you are
entitled. (Civil Code Section 1950.5(g)(3)).
If you landlord doesn't provide a full refund, or a statement of deductions
and a refund of amounts not deducted, by the end of the 21-day period (...)
as required by law, you loses the right to keep any of the security deposit
and must return the entire deposit to me according to a California Supreme
Court decision. Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745 [38
Cal.Rptr.2d 650, 653]. See California Practice Guide, Landlord-Tenant,
Paragraphs 2:783-2:783.6 (Rutter Group 2011).
If you landlord acted in "bad faith" in refusing to return my security
deposit, I will sue you to the court for the amount of the improperly
withheld deposit, plus up to twice the amount of the security deposit as a "
bad faith" penalty (Civil Code Section 1950.5(l).) and according fees (
attorney fee if I was represented by lawyer) (Jacobson v. Simmons Real
Estate (1994) 23 Cal.App.4th 1285 [28 Cal.Rptr.2d 699]; Trope v. Katz (1995)
11 Cal.4th 274 [45 Cal.Rptr.2d 241]; see California Practice Guide,
Landlord-Tenant, Paragraphs 9:391.1-9:391.4, 9:391.10 and following (Rutter
Group 2011)).
Please sign this mail once you got it and return to me. Thanks! |
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