As of Nov 25th, we not yet received our security deposit. With or without the 3 days rent under dispute.
Even if Mrs. Xiu Yip, landlady of 1664 10th Ave, San Francisco, CA were valid in her claim that we didn’t move out until Nov. 3rd, (Which she isn’t) she’d STILL be late in giving us our security deposit back.
•The landlord must notify you in writing that you have the right to an inspection and must conduct an inspection of the apartment with you. The inspection should be done in the last 2 weeks of tenancy. The landlord must let you fix anything which is wrong and the landlord is limited to taking deductions for unfixed deficiencies, damage which occurred after the inspection, or damage not found at the time of the inspection.
•Your deposit must be returned to you within 21 days after you move out. Your landlord must give you a written, itemized statement of the reason for any amount withheld from your deposit. Money can be withheld only for:
–Unpaid Rent (talk to a counselor if you are breaking a lease or giving less than 30 days’ notice).
–Damage caused by you beyond normal wear and tear.
–“Reasonable” cleaning charges.
•If your security deposit is not returned or accounted for within 21 days, you can sue the landlord in Small Claims (limit is $7,500; if higher, then lawsuit would be in Superior Court Limited Jurisdiction) court for the amount of the deposit, plus twice the amount of the deposit if you can show bad faith, plus any actual damages.
Next steps TBD.