We are suing landlord for not returning full deposit. The remainder of the deposit is more than what they didn't return. Landlord 'shall be liable for full amount of the deposit' because they failed to return full deposit and it was well within landlord's control. How literal is the 'shall be liable' part? And, do we list the amount they didn't return (smaller amount), or do we list the amount of the remainder of the deposit that, if literal and we can prove it was within their control, law now says they owe (larger amount)?
Real Estate Attorney
List everything in chronological order, small or big the statute is specific on timing, I have seen the court order the landlord return the entire amount and then order the tenant to pay more back. The key is to be accurate , complete, and honest in an easy to understand format. So by listing the date the deposit or statement of retention was postmarked, the amount retained and the amount returned you should be able to answer the questions before they come up.
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