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Sample California Security Deposit Dispute Letter

Sample California Security Deposit Dispute Letter

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Published by Stan Burman
This sample California security deposit dispute letter is used by a tenant whose landlord is making a bad faith claim against their security deposit. The letter threatens legal action under California Civil Code section 1950.5 in the amount of 3 times the security deposit for bad faith claims or retention of the security deposit.

The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This sample California security deposit dispute letter is used by a tenant whose landlord is making a bad faith claim against their security deposit. The letter threatens legal action under California Civil Code section 1950.5 in the amount of 3 times the security deposit for bad faith claims or retention of the security deposit.

The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Categories:Types, Research
Published by: Stan Burman on Jul 05, 2013
Copyright:Attribution Non-commercial

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09/30/2014

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Any PartyAny StreetAny Town, CA 99999
1RE: Security Deposit Dispute regarding real property located at ___________________ 
Dear ____:I am sending you this letter in the hopes that the dispute between us can be resolved quickly andwith a minimum of time and expense to the both of us. Regarding the conversation we hadearlier today I would like to point out the following facts.The ___________________ in the residence is clearly very old and therefore not in the best of shape. California Civil Code section 1950.5(e) which states that “The landlord may claim of thesecurity only those amounts as are reasonably necessary for the purposes specified in subdivision(b). The landlord may not assert a claim against the tenant or the security for damages to the premises or any defective conditions that preexisted the tenancy, for ordinary wear and tear or the effects thereof, whether the wear and tear preexisted the tenancy or occurred during thetenancy, or for the cumulative effects of ordinary wear and tear occurring during any one or more tenancies.”So your claims that I should pay for damage to the ______is not valid. Old appliances have a lotof wear and tear and your claims are your opinions only as you are not a licensed appliancerepair person. The appliance still works although noisy because of its age.Be advised that should you persist in your claims against my security deposit I will have nochoice but to file a lawsuit against you for the bad faith claims you have made. Note that this
may subject you to paying me three (3) times the amount of my $____ security deposit
  pursuant to California Civil Code section 1950.5(l) which states that, “The bad faith claim or retention by a landlord or the landlord’s successors in interest of the security or any portionthereof in violation of this section, or the bad faith demand of replacement security in violationof subdivision (j), may subject the landlord or the landlord’s successors in interest to statutorydamages of up to twice the amount of the security, in addition to actual damages. The court mayaward damages for bad faith whenever the facts warrant that award, regardless of whether theinjured party has specifically requested relief. In any action under this section, the landlord or thelandlord’s successors in interest shall have the burden of proof as to the reasonableness of theamounts claimed or the authority pursuant to this section to demand additional securitydeposits.”1

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