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Question about the 48 hour deadline my landlord's friend swore was real | California Legal Talk - Chatter Central

Question about the 48 hour deadline my landlord's friend swore was real

I live in a rental in Fresno and my landlord kept my $1,200 deposit after I moved out last March. His friend, who claims he "knows tenant law," told me at a barbecue that landlords have to send an itemized list within 48 hours or they owe the full deposit back, and I believed it for weeks. So I skipped the demand letter and just waited, and my landlord never sent anything, but when I finally called the county clerk about filing in small claims, they said the real window is 21 days after you move out. I lost almost three weeks because of bad barbecue advice and nearly missed the date myself. The good news is the 21 day rule still worked in my favor since he never sent the list at all. Has anyone here actually taken a deposit case to small claims in Fresno, and did the judge care more about the itemized list or the photos?

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susanm566d ago

Went through something pretty much the same in Clovis a couple years back, deposit was $1,400 and the guy never sent me anything either. What saved me was the date stamp on my move-out walkthrough photos and the certified letter I mailed him, since the judge wanted proof of when I handed the keys back, not just the pics themselves. In my hearing the itemized list was the whole ballgame though, because once the landlord can't show he mailed one in time, the burden flips to him and he has to explain where the money went. I brought printed photos anyway, like 20 of them, clean walls, no stains, and the judge glanced at maybe three. Your 21 day thing is right, and since he blew it completely you're in good shape. Just make sure you have something showing your move-out date, a text, a receipt, whatever, because that's what ties it all together. Did you end up filing yet or are you still gathering stuff?