You are on page 1of 2

To the Management of ______________________________:

I am writing this letter pursuant to California Civil Code §1950.5 requesting compensation for
security deposition violations which we feel were improperly deducted. Because you demanded
and accepted a security deposit from us on ________________ in the amount of
______________, you are required to comply with the security deposit laws, outlined in
California Civil Code §1950.5.

As you know, _________________________ (names), moved out of the rental unit located at
(_________) on _________(date that you actually vacated the unit here). As of today,
________________ (date), we have received a partial refund in the amount of
$___________________, but we dispute the withholding of $____________________. Due to
the events listed below we are now making a demand for the return of our security deposit, in
full.

It was your obligation under California Civil Code 1950.5(g)(2) to provide a complete refund of
our security deposit and/or receipts and a complete accounting of any expenses for which our
security deposit was retained, with the itemized statement, within 21 days of the date that we
vacated the rental unit.

In a show of good faith, we allowed you additional time to turn over those receipts or provide an
explanation of estimated charges, to no avail.

We are in receipt of the statement of repairs and deductions from the security deposit, but we
have not received “copies of documents showing charges incurred and deducted by the landlord
to repair or clean the premises” in accordance with California Civil Code 1950.5(g)(2) or “a copy
of the bill, invoice, or receipt” as further required in California Civil Code 1950.5(g)(2)(C).

This 21-day statute of limitations is just that, a statute of limitations. Because you did not provide
the complete accounting, with supporting documentation, to us within the 21 days, you have no
legal basis to retain any of our security deposit. Therefore, under the law we are entitled to a full
refund of the deposit. (Granberry v. Islay Investments (1995) 9 Cal. 4th 738, 745). If we do not
receive a refund within 10 days, we will regard the keeping of said deposit as an act of bad faith
and will pursue our right to sue you for the deposit and $______________ in punitive damages
(twice the amount of the security deposit) as allowed by California Civil Code 1950.5(l).

California Civil Code section 1950.5 (b) provides that you may only retain a security deposit to
pay for damages and cleaning BEYOND NORMAL WEAR AND TEAR. When we released
our tenancy of the apartment, the unit was left clean and in the same condition as when rented,
but for the normal wear and tear.

As it appears that you are asserting that the unit was not left in the same condition, we are further
notifying you of your lack of compliance with additional California statutes, which would have
remedied the situation.
Because we were not given the opportunity to conduct an initial inspection of the premises under
California Civil Code 1950.5(f)(1), which states, “Within a reasonable time after notification of
either party's intention to terminate the tenancy, or before the end of the lease term, the landlord
shall notify the tenant in writing of his or her option to request an initial inspection and of his or
her right to be present at the inspection”, we were unable to exercise our rights under California
Civil Code 1950.5(f)(2) and (3) which state:
• (2) Based on the inspection, the landlord shall give the tenant an itemized statement
specifying repairs or cleaning that are proposed to be the basis of any deductions from the
security the landlord intends to make pursuant to paragraphs (1) to (4), inclusive of
subdivision (b). This statement shall also include the texts of paragraphs (1) to (4),
inclusive, of subdivision (b). The statement shall be given to the tenant, if the tenant is
present for the inspection, or shall be left inside the premises.
• (3) The tenant shall have the opportunity during the period following the initial
inspection until termination of the tenancy to remedy identified deficiencies, in a manner
consistent with the rights and obligations of the parties under the rental agreement, in
order to avoid deductions from the security.

Please send a certified check for the total to _________________ within 10 days of the date of
this letter. Again, the forwarding address is: __________________(Address Here).

This will be ____________________ Apartments only chance to settle this matter before we file
suit against you in Small Claims Court. If you decide to ignore this demand for payment, we
will pursue all legal remedies available without further notice to you. This letter serves as
evidence that we have attempted to resolve this matter informally. The prompt return of our full
deposit will make court action unnecessary.

Sincerely,

__________________________
________________________

You might also like