Getting Security Deposit back from Landlord, Proving "Bad Faith"?

Asked over 4 years ago - North Hollywood, CA

On my way to suing my landlord who has made no contact (no refund, no damage notice, no receipts, no calls) more than 42 days now since I vacated the apartment. We've been constantly contacting the manager who does nothing.
They're going to claim they mailed it of course, but I have kept other items I received that were forwarded in a timely fashion from our old address. We took video of the apartment, did a walk through with the manager and still nothing. I sent my final demand letter Friday.
We were improperly charged 3x's rent before move-in. Also due overpaid rent.
This landlord bought the property during my tenancy. His name, LLC is not on the lease.
Do I sue the CURRENT LLC owner of the property?

How do I prove "bad faith"?

Anything else to counter his claims of mailing?

Attorney answers (1)

  1. Richard C Koman

    Contributor Level 13

    Answered . If it's owned by LLC, sue them both. The burden is on him to show that he did mail something. So dont worry too much about proving a negative. Remember you can claim 200% penalty above the actual deposit that wasn't returned.

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