My question involves landlord-tenant law in the State of: California
Hello,
I am writing on behalf of my mother who is in a dispute with her landlord over deposit money not returned to her at the end of her lease.
My mother was a tenant at a commercial property up until 4 years ago when she moved out. Her landlord delayed giving my mother her deposit money back. Eventually when the landlord was pressured for the money, the landlord contended that she had a right to keep the money due to the damage to the floors at the time my mother vacated. My mother disputed the extent of the "damage" but ultimately asked for receipts from the landlord to show the cost to repair it. My mother was never provided any receipts. The two of them went back and forth on this issue and nothing definitive was agreed on.
My mother delayed in addressing the issue and during the first year or two afterwards she did manage to get an attorney to write a letter to her demanding the deposit money. My mother received a response back from an attorney that now stated that the deposit money was taken because my mother had failed to inform her of when she was going to terminate the lease. There was no mention of the damage to the floor. This is a lie. My mother had actually informed the landlord according to the lease agreement in writing by registered mail and they shared numerous phone conversations. My mother's last day on the property coincided with the end of her lease and she dropped off the keys at the landlord's personal property. However, my mother failed to retain the copy of the certified letter mailed to the landlord so she can not prove that she mailed this letter.
For the past couple years my mother has sporadically attempted to address this issue with the landlord but the landlord ignores her. My mother wants to have her deposit money returned to her and she is considering legal action. I am trying to help her in this matter.
My mother's office is in Los Angeles, CA and she had heard somewhere that there might be a 4 year statue of limitations to address this matter? What is the burden of proof in this matter that would allow my mother to successfully resolve this matter? Does she have a case here?
Hello,
I am writing on behalf of my mother who is in a dispute with her landlord over deposit money not returned to her at the end of her lease.
My mother was a tenant at a commercial property up until 4 years ago when she moved out. Her landlord delayed giving my mother her deposit money back. Eventually when the landlord was pressured for the money, the landlord contended that she had a right to keep the money due to the damage to the floors at the time my mother vacated. My mother disputed the extent of the "damage" but ultimately asked for receipts from the landlord to show the cost to repair it. My mother was never provided any receipts. The two of them went back and forth on this issue and nothing definitive was agreed on.
My mother delayed in addressing the issue and during the first year or two afterwards she did manage to get an attorney to write a letter to her demanding the deposit money. My mother received a response back from an attorney that now stated that the deposit money was taken because my mother had failed to inform her of when she was going to terminate the lease. There was no mention of the damage to the floor. This is a lie. My mother had actually informed the landlord according to the lease agreement in writing by registered mail and they shared numerous phone conversations. My mother's last day on the property coincided with the end of her lease and she dropped off the keys at the landlord's personal property. However, my mother failed to retain the copy of the certified letter mailed to the landlord so she can not prove that she mailed this letter.
For the past couple years my mother has sporadically attempted to address this issue with the landlord but the landlord ignores her. My mother wants to have her deposit money returned to her and she is considering legal action. I am trying to help her in this matter.
My mother's office is in Los Angeles, CA and she had heard somewhere that there might be a 4 year statue of limitations to address this matter? What is the burden of proof in this matter that would allow my mother to successfully resolve this matter? Does she have a case here?
Giving Notice: Commercial Property Deposit Money Withheld
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