Being sued by tenant for security deposit

[Garvey Daniels]

My wife and I are being sued in small claims court by our previous tenant for the return of their full security deposit plus travel costs for the tenant to appear in court. The renters left the house in complete disrepair and the total costs to repair/replace was well above the full security deposit. We did, however, fail to provide a full cost breakdown within the 21 day requirement (missed by one day) even though we listed out all the damage they would be liable for in plenty of time. Does anyone know if the technicality of not meeting the 21 day requirement for providing a full cost breakdown preclude all other terms of the lease agreement? Any insight, help, or suggestions is greatly appreciated.

[Greg M.]

It's going to depend on the judge and small claims court judges are generally clueless and stupid in California. Couple that with their arrogance and you have a wonderful combination! Expect to be given about 20% of the time necessary to explain your side. They will be happy to take all your exhibits and review them after the testimony (AKA never even look at them). 

If you are withholding any of the security deposit, California requires that you send a partial refund and an itemized list of deductions within 21 days of them vacating the property. That is the latest you can send notice. You need to argue that the January 8th (or January 22nd) notice was a partial list of deductions and that these deductions exceeded the total of the security deposit. Therefore, they had been given notice well before +21 days and the one 22 days after vacating is immaterial to the deadline as they had notice well within the 21 day time frame.

You also absolutely need to file a counter-suit against them for the difference between the security deposit and the total cost of repairs. It's easy for a tenant to walk into court and complain about the scumbag landlord that is trying to steal their deposit. It's a lot harder for them to do that if they have to explain other damages and face the prospect of having to pay an additional $4,800 in damages.