03
Jul 08

How to get your security deposit back!

I live in Los Angeles, CA.
After 3 months of sending emails and faxes and making phone calls that got me nowhere, I finally got my security deposit from my landlord!! Yes, it took forever, and it wasn’t pretty, but I finally got my money back!!

How did I get my money back? I sent a final notice to them which was titled, “Demand for Payment.”


In the letter, I threatened to sue them through the small claims court.
A landlord has 3 weeks after you move out to return your security deposit and/or send an itemized invoice for any amount withheld for damages.

From my experience, asking nicely just won’t do the trick. The landlord kept hanging up on me without giving me a chance to explain, so I did some research and found the small claims court (link- IE only site…I know..lame…) which helps write a demand letter.

Here’s how I wrote the letter.

Demand for Payment

Please be advised that (name of apartment and or manager) owes me the sum of (security deposit money amount) because (your reason, explain why).

This will be (name of apartment and or manager) only chance to settle this matter before I file suit against (name of apartment and or manager) in Small Claims Court.  I am agreeable to a lump sum payment, or to a payment plan.  Please contact me on or before (state the date you want a response by) for purposes of settling this matter.  If I do not hear from (name of apartment and or manager) on or before (your requested date), I will file a lawsuit against (name of apartment and or manager) without further notice.  It is in (name of apartment and or manager) best interest to settle this matter before a lawsuit is filed.  If a judgment is obtained against (name of apartment and or manager), it will negatively affect (name of apartment and or manager) ability to get credit, (name of apartment and or manager) will be ordered to pay court costs, and (name of apartment and or manager) will incur interest at a rate of 10% per annum.

Based on the foregoing, I expect payment in the amount of (your security deposit amount) made payable to (your name and address) no later than (your requested date). I can be reached at: (your phone number).  If (name of apartment and or manager) decides to ignore this demand for payment, I will further pursue all of my legal remedies without further notice to (name of apartment and or manager).  This letter serves as evidence that I have attempted to resolve this matter informally.

Sincerely yours,
(your name)

After sending this letter to my landlord, she finally listened and I got a response back within the time I requested. In a small claims court, you can’t be represented by an attorney, and I guess that part scared her.

Anyway, I finally have my security deposit!!


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5 Responses to “How to get your security deposit back!”

  1. lvlephNo Gravatar Says:

    I actually had to sue my landlord. That was 10 years ago, and even though I won the case I still have yet to see the money.

  2. hikingbearNo Gravatar Says:

    Wow, 10 years ago? It might be too late now, but you should have gone back to court. If they don’t pay you after you’ve won the case, you can have the judge order them to pay you. If not, they can actually be arrested!

  3. pareshNo Gravatar Says:

    good experience.

  4. Denise OsborneNo Gravatar Says:

    Hi,

    Can personal service be used for the Demand letter. How many days for them to respond?

  5. hikingbearNo Gravatar Says:

    @ Denise Osborne
    Hi,
    What do you mean by personal service? I gave landlord 3 days to respond, but I think the court says 3 to 7 days.

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