We can offer you legal representation if:
If your landlord has wrongfully withheld your security deposit, and the amount in dispute is at least $2,500, call us today.
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An Alternative to Small Claims Court
Small claims courts typically address the basic aspects of security deposit conflicts, mainly determining the portion of the deposit to be refunded to the tenant. Our strategy extends beyond just the immediate monetary disagreements to cover the broader effects of the dispute, such as potential emotional distress damages you might have suffered.
Free Consultation
Understanding Your Security Deposit Rights
Whether it's understanding the legal grounds for deposit deductions, the process for legally contesting wrongful withholdings, or the potential for recovering additional damages, we're here to guide you every step of the way.
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Recover Your Stolen Security Deposit with Law Office of Andre L. Verdun

We can provide you with legal representation under the following conditions:

  • Your security deposit was unjustly kept by your landlord.
  • The amount taken was $2,500 or more (If you have additional issues beyond the deposit amount, we may consider claims for less than $2,500).
  • You aim to reclaim your security deposit and seek additional compensation for landlord misdeeds. Be mindful that this process might extend over time and may not suit everyone.

Risk-Free Legal Assistance:

  • Contingency Basis: Our services are offered on a contingency basis, meaning our payment is contingent upon winning your case.
  • Upfront Coverage of Litigation Expenses: We handle all litigation expenses upfront, easing your financial burden.
  • No Win, No Fee: If we don’t succeed in your case, you owe us nothing. Our fees are only collected if we prevail in securing your compensation.

Know Your Rights as a Renter in California!

At the Law Office of Andre L. Verdun, we are committed to safeguarding the interests of California tenants. If your security deposit has been unjustly withheld or if you’ve encountered any breaches of landlord-tenant legislation, recognizing your legal entitlements is crucial. Numerous tenants reaching out to us know their security deposit has been wrongfully taken; however, they often underestimate the breadth of legal infractions they’ve endured. In our case evaluations, we pose targeted inquiries to identify every possible infringement that might have transpired.

Here are some key points to be aware of regarding your security deposit and common ways landlords may violate the law:

  • The Security Deposit Belongs to You: Unless the landlord has a legitimate reason to keep your deposit and has followed ALL the necessary statutory procedures for retaining it, the deposit MUST BE RETURNED TO YOU.
  • Failing to Provide an Initial Inspection: Landlords are required to provide tenants with written notice concerning the right to request an initial inspection of the premises before they move out. If this inspection is requested, following the inspection, the landlord MUST provide a written list of possible deductions and two weeks to cure those issues. This inspection allows the tenant to remedy any identified deficiencies to avoid deductions from their security deposit.
  • Using the Security Deposit for Non-Permitted Purposes: A security deposit can only be used for specific purposes, such as unpaid rent, cleaning the rental unit, repairing damages caused by the tenant, and restoring or replacing personal property or furnishings (the last of which only applies is specified in the lease). Using the deposit for other purposes is illegal.
  • Failing to Return the Security Deposit Within the Required Time Frame: Landlords must return any remaining portion of the security deposit within 21 calendar days after the tenant has vacated the premises.
  • Failing to Provide an Itemized Statement of Deductions and Invoices, Receipts, Proving Deductions: Landlords are required to provide former tenants with an itemized statement of any deductions taken from the security deposit within 21 calendar days after the tenant has vacated the premises. The itemized statement must be supported with proof the charges were incurred.
  • Payment of the Return of the Deposit, the Itemized Statement, and the Supporting Documents: Unless an agreement is expressly made after notice of move-out is given, landlords must personally deliver or send via U.S. mail the remaining portion of the security deposit, the itemized statement, and the supporting documents for the itemized statement within 21 calendar days after the tenant has vacated the premises.

  • These rights cannot be waived!
 

A 2013 survey of California tenants revealed the rampancy of security deposit theft:

60% reported

They experienced unfair withholding of some or all of their deposits;

53% said

The last time they moved, they did not receive any of their deposit funds within 21 days of vacating:

36% reported

That their entire deposit was withheld the last time they moved

Few tenants report

Taking legal action against their landlord when they felt their security deposit was stolen.

Is Legal Representation Necessary for Security Deposit Claims?

As a California tenant, yes, you do need legal representation. When tenants are deprived of their security deposit, they are told to go to small claims court, where no lawyers are required and only the cost of damages incurred is disputed. As a result, landlords do not feel threatened by the legal system and are further incentivized to continue withholding security deposits from tenants. With the average statewide tenancy spanning 3 years, a ridiculous $1 billion is withheld from an estimated $5 billion in security deposits owned by California tenants.
To end on a positive note…
Another 2013 study of three-courthouse small claims actions found tenants prevailed in over 70% of the cases that went to judgment. This means that by taking legal action against landlords who stole your security deposit, you are almost always guaranteed a WIN in court. Remember, it’s your money; you own every piece of it.

WHAT ARE YOU ENTITLED TO IF YOUR LANDLORD STEALS YOUR DEPOSIT?

If your landlord unjustly takes your security deposit, you might be entitled to more than just the withheld amount. California law safeguards tenants’ security deposits, and landlords breaking these rules can face consequences. The compensation you’re eligible for depends on your situation, but typically, you could receive your deposit back, with interest in some cases. Our goal in representing tenants on a contingency basis is to secure all damages you’re entitled to, ensuring you receive more than if you pursued the matter independently, even after deducting fees and costs.

Statutory Damages for Bad Faith

Under California law, if your landlord has in bad faith wrongfully kept your security deposit, you could receive up to twice the deposit in statutory damages, in addition to the original amount. This means you could get not just your deposit back but also a penalty for the landlord’s misconduct. However, it’s a common misconception that the penalty is “three times the deposit.” The correct calculation is twice the deposit as a penalty, plus the return of the original deposit.

Emotional Distress Damages

Beyond the financial aspects, the emotional toll of such situations can be significant. If your landlord acted in bad faith, you might also be eligible for emotional distress damages. These are meant to compensate for the psychological impact of the landlord’s actions, such as anxiety, stress, and humiliation. While these damages can be challenging to quantify, with skilled legal representation, tenants can seek compensation for these emotional injuries.

Emotional distress often surpasses both the withheld deposit and statutory damages. The extent of this distress varies widely among individuals, influenced by the amount withheld and the ensuing financial strain. Symptoms can range from physical ailments like headaches to severe financial difficulties, leading to further emotional turmoil.

At the Law Office of Andre L. Verdun, we recognize the significance of emotional distress damages in fully compensating tenants. Our attorneys are adept at assessing and pursuing these damages in security deposit disputes. If you’ve suffered due to your landlord’s wrongful actions, we’re here to help you understand your rights and maximize your compensation.

Additional Protections for Seniors and Disabled Tenants

Seniors and disabled individuals may have further legal safeguards that offer greater compensation for wrongful security deposit retention. Specific California laws provide enhanced damages and remedies for such individuals facing landlord misconduct. Reach out to us to learn more about these additional rights.


CONTACT US FOR A FREE CASE REVIEW

Please include any pet deposits, key deposits, and additional rent payments beyond the first month in your calculation.
Please provide a detailed description of any stress, loss of sleep, embarrassment, or other related issues you experienced, such as having to borrow money, so that we can ensure that you receive all the compensation you are entitled to.
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