Question:

Who do I sue to get my Security Deposit back; owner of house #1, house #2 or the Property manager?

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I moved from house #1 to house #2. The Property manager, who managed both homes, transferred $650 of #1's $850.00 Security deposit to #2 and reimbursed us $200.00 (cash). After one night in house #2, it became clear that the house was unsafe because the carbon monoxide detector went off when we used the heater. We tried using the wood stove but smoke billowed into the room. The next morning we called the PM and sent a written notice of our intent to move out in 30 days. We stayed at friends and relatives until we could find another place. When we move out, we were not reimbursed the $650 deposit. We have come to learn that in California an accounting of our Security Deposit is due us within 21 days of moving out. We did not receive one from house #1 or #2. After months of letter writing to owner #2 (who forwarded all communication to the PM, per her letters to us) we finally received a time line from the PM. She stated that the $650.00 which she was to transfer to #2 house was actually used to repair & clean house #1. However, she sent no invoices as proof. She went on to claim that we actually owed owner #2 $650.00 because they claim they did not receive move out notice until the day we moved out. It seems to us that the PM is not only negligent in not providing an accounting of our SD for close to 6 months, but she may also be guilty of co-mingling funds between #1 & #2. We are now prepared to sue in Small Claims, but we are not sure who to sue or if we should sue Owner's #1 & #2, as well as the Property manager. What do you think?

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  1. You clearly made some mistakes in how you went about this...you did not know your rights and obligations and just dove in a did what you wanted.  That being said...I hope you learn from them so you don't ever find yourself in this kind of situation again.

    Now....go sue that Property Manager!


  2. The property manager, he was the one transferring the funds! Owner's # 1 and #2 don't seem to know what he's doing either.

  3. You got an accounting of the deposit from house #1 being you were refunded $200 and they applied the rest to house #2 That is your accounting for when you moved out of house #1.

    Now house #2 they need to provide you with the deposit within 21 days your correct about that www.dca.ca.gov  you can also sue for double the amount of the $650 security deposit since that is what was required for house #2.

    You need to sue house #2 owners

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