The Problem

How You Can Use This Demand Letter

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      Step 1: Create Demand Letter (Read More…)

    Once you receive your demand letter, read it carefully to see what laws we determined that your landlord violated and the reasons why we came to that determination. Make sure to make any edits that you feel are necessary or desirable prior to Step 2. Once done editing, send the demand letter to your landlord via mail, email, or both.

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      Step 2: Negotiate With Landlord (Read More…)

    If your landlord calls you to discuss your letter after s/he reads it, explain to them that you know your rights, that you will not allow them to steal your security deposit and get away with it, and that you will sue them if they don’t return it. Remember, most landlords do not know the complicated security deposit laws well or at all, so your letter may have shown them how their actions were illegal, and they may try to return the unlawfully retained security deposit now that they know. Some landlords may try to negotiate with you to pay you less than what you are asking for. Here’s where you can flex your negotiation skills to get the most from them that you can armed with knowledge of the law and the threat of a lawsuit.

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      Step 3: File Small Claims Lawsuit if Landlord’s Response is Unsatisfactory (Read More…)

    If you and your landlord were able to settle the dispute after negotiating, wonderful! You’re done. If not, however, you can file a lawsuit against your landlord in small claims court for two times the entire security deposit amount, plus the actual amount of the security deposit that your landlord tried to unlawfully retain, plus any legal fees you spent on this demand letter or otherwise. Filing suit in small claims court is simple, quick, and cheap. The filing fees range from $30 - $75 depending on how much you are suing for, and it takes approximately 15 minutes to fill out the relevant paperwork. In Los Angeles County, you can even file the Small Claims Complaint online for a small fee. This website is particularly helpful: http://www.courts.ca.gov/1007.htm. Once you serve your landlord with a copy of the lawsuit, most of them will attempt to negotiate a settlement with you because: 1) they will see that you are serious; 2) it’s not worth their time to go to Small Claims court; and 3) they figure that they can negotiate a lower amount with you than what the judge would force them to pay.

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      Step 4: Win Judgment Against Landlord (Read More…)

    If you do not settle before the Court date, however, go to Court and give the judge a copy of the demand letter we drafted for you as well as your lease agreement. Our letter will educate the judge regarding what laws your landlord violated, how they violated them, and how much money you are entitled to as a matter of law. Fortunately, the law is on your side because, once you explain to the judge what laws your landlord violated and how they violated them, the burden of proof is on the landlord, not you, to prove that they did not violate any laws. If your landlord cannot show that they complied with each and every single law that you claimed they violated in your demand letter, the court should give you a judgment against your landlord, which you can use to collect the amount you are owed from your landlord. Most landlords will immediately pay you what they owe, but some won’t. Don’t worry, your judgment will automatically collect 10% interest every single year until paid in full.