Landlord Deductions
May 27th, 2008
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Question: Can I cash the check (return of security deposit after deductions for repairs) my landlord has sent?
My full deposit was $900.00
My landlord sent a check for $600.00 with a short list of deductions (not itemized and no receipts) totaling $300.00.
I called and had a disagreement because the deductions she has listed are illegal and contradict the actual law. I plan to take her to small claims.
My question:
Can I cash the $600.00 check and take her to small claims for the rest? Or would cashing the check somehow be a type of agreement that I’m satisfied with the deductions? I just need to know what to do because I have bills but if cashing it would defeat the notion of taking her to court for the rest of the money she owes me then I’ll wait.
It’s only when we choose not to act on our rights that they are taken away from us.
Oh yeah, I live in California.
Answer: If you think you are due more, don’t cash the check.The list of deductions should tell you what she held back for. She doesn’t have to give you receipts. She needs them for her own records. Be sure you are able to prove she withheld llegally. If you loose in court you’ll be stuck with court cost.
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Tags: deductions, irs landlord deductions, landlord, landlord deductions canada, realestate, rental, tax