I moved out of my San Francisco apartment on April 10th. Left it spotless, documented everything with photos and video. It's been over 21 days and my landlord hasn't returned my $2,400 deposit or sent me any itemized statement.
He's completely ghosting me. Not responding to texts, emails, or calls. What are my options here? Can I sue him?
Yeah, in CA landlords have exactly 21 days to either return the full deposit OR send an itemized statement explaining deductions. If they miss that deadline, they legally owe you the entire deposit back regardless of any damage.
You're past 21 days so he's already in violation. Document all your attempts to contact him.
California Civil Code Section 1950.5 is very tenant-friendly on this. Since your landlord missed the 21-day deadline, you can sue for:
Total exposure for the landlord: up to $7,200.
Bad faith generally means the landlord withheld it intentionally or was grossly negligent. The ghosting helps your case.
Wait, so I could potentially get $7,200? That's almost 3x my deposit. That seems like a lot.
Do I need to hire a lawyer or can I do small claims court?
Small claims is perfect for this. In California, small claims limit is $12,500 so you're well under. No lawyers allowed in small claims (except corporations must use lawyers).
Filing fee is around $30-$75 depending on the amount. You'll need to prove:
Bring your lease, move-out photos, certified mail receipts if you sent a demand letter, and all your communication attempts.
Before you file, send one more demand letter via certified mail. Give him 10 days to return the full $2,400 or you'll file in small claims for the statutory damages.
Sometimes that's enough to scare them into paying. If not, you have proof you tried to resolve it, which looks good to the judge.
Good idea. I'll send a certified demand letter today. Should I mention the 2x penalty in the letter or just ask for the deposit back?
Absolutely mention it. Your demand letter should state:
"Under California Civil Code Section 1950.5, you were required to return my security deposit or provide an itemized statement within 21 days of my move-out date (April 10, 2025). As of today, 27 days have passed with no response.
I am entitled to the full return of my $2,400 deposit. Additionally, your failure to comply subjects you to statutory penalties of up to two times the deposit amount. If I do not receive the full $2,400 within 10 business days, I will file a claim in small claims court seeking the deposit plus the maximum statutory damages of $4,800.
This is my final notice before legal action."
Keep it professional but firm.
Update: Sent the demand letter via certified mail on May 7. He signed for it on May 9 (I checked tracking). Still radio silence.
The 10 day deadline is May 21. Looks like I'm going to small claims.
I went through this exact thing in Oakland last year. Landlord ghosted me for 30+ days. I filed in small claims, he didn't even show up to court, and I got a default judgment for the full deposit plus 2x damages.
Only problem was collecting - he still didn't pay. Had to get a writ of execution and have the sheriff levy his bank account. Took another 2 months but I eventually got every penny plus interest.
Final update: Deadline passed. Filed in SF small claims this morning for $7,200 ($2,400 deposit + $4,800 statutory damages). Filing fee was $75.
Court date is June 18. I'll let you all know how it goes. Thanks for all the advice - feeling way more confident about this now.
Did OP ever post an update on how the June court date went? I'm in almost the exact same situation in Oakland (landlord ghosted me after I moved out, 30+ days passed, no deposit or itemized statement). Trying to figure out if small claims is worth it or if I should just write off my $1,800 deposit.
Also wondering - if the landlord doesn't show up to court, does that mean automatic win for the tenant? Or do they just reschedule?
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