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Can I cash the partial refund of my security deposit if I want to sue for full amount?
San Francisco, CA
Viewed 63 times.
Posted about 1 month ago in Landlord / Tenant
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We have been fighting with our land lord for a while now. We were rented an illegal apartment by him for 2 yrs. Over that time, he refused to hear our pleas to fix serious problems with place such as broken windows, mold, mice and pest issues, improper trash disposal. We decided we had enough and used civil code 1942 to vacate an uninhabitable residence. We were in a month to month lease. Now he has held part of deposit without itemizing all the deductions. He just said minus a third moths rent. Can I cash the check he gave me and still take him to court.He wrote on the check final settlement of all issues. Also, we can not check the lease for any answers because we don't have it and he refuses to give us a copy.
Answers (1)
Dana Howard Shultz
This attorney is licensed in California.
Posted about 1 month ago.
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If you cash the check with the "final settlement" language - even if you cross out that language - you will be deemed to have accepted the landlord's settlement offer (please see the link to Commercial Code Section 3311 below).
If you want to bring suit to recover a greater amount, then you should not cash the check. Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.
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