Landlord Illegally Keeps Security Deposit - Do I Settle?

[Michele B.]

Hello people of BiggerPockets!

I am a new homeowner. The rental apartment I just moved out of is in Los Angeles county, where California law requires that a landlord returns a security deposit (or provides an itemized statement of deductions) within 21 calendar days after a tenant has moved out. My former landlord missed this deadline and provided a statement of outrageous items to me on the 26th day after I had vacated the premises. He wants to keep most of my deposit, deducting for items that were in poor condition when I moved in and only returning 15% of the deposit to me. He is charging me for bathtub resurfacing and a new toilet! He's also charging me for paint and cleaning the unit. I admit the unit is a little dirty, but it was in far worse condition when I moved in. The other items he has absolutely no right to charge me for.

We've been going back and forth with correspondence and he's recently offered to settle by offering me about half of my deposit back. Do I take this offer? Or do I pursue suing him for twice or triple the amount of the deposit in small claims court? Since he missed the deadline of 21 calendar days, he has forfeited the right to deduct anything from my deposit from what I have read online. I am worried that if I decline the settlement offer and pursue legal action, that even if I win, my chances of actually getting the money from him are slim.

I know no one can really give legal advice here, but I'd appreciate some good ol' advice just the same. Thank you.

[Russell Brazil]

Send him a certified letter with the exact part of California code that sites security deposits must be returned with in 21 days. Then state and show the correspondence on the 26th day, missing said deadline.  Id include that the penalty for improper handling of the security deposit is 2x the deposit. You are perfectly willing to overlook the fact that they missed the deadline by a week and receive your full deposit back, but if not you are more than willing to present the facts to the housing court where the penalty will in all likelihood be 2x the deposit.