Landlord not returning deposit 60+ days

[Leile]

CA renter. Moved out 60 days ago. Left home immaculate. Owner came for inspection when we returned keys. After 3 weeks, and no return of deposit, I emailed owner. Deposit owed is over $3000.00. Owner says via email that check is now in the mail, but it is way past reasonable time for mail delivery. 60 days and counting since we moved out. I want something much stronger than a victory in small claims court. We took photos of how good we left the home. Can we put a lien on owner's property for money owed + legal fees? I think a victory in small claims court will yield us no real money. Thank you.

Small claims is best; you will be able to collect.

See also http://www.worldlawdirect.com/article/935 -- Collecting on a court judgment. It helped me.

I would locate his home address, go visit him at dinner time and ask him to put a check in your hands. Videotape it. Be very polite and tell him that obviously it got lost in the mail so he needs to write you a check right then and there. His reaction on videotape will be great in court.

Do not go to his home! This is asking for trouble. Especially since all you have are e-mail requests for the money. (Not proof in a court of law that you ever asked for the deposit back!) And a videotape of ambushing a former LL at his home could backfire if used in court. You don't need that since CA courts are already tenant friendly. Don't do anything that could upset a judge.

Send him a written demand letter for all money due you. Send it by certified mail, return receipt requested, and keep a copy of the letter and the postcard that comes back showing he received it. In the letter, demand a refund of the funds within 14 days. State when you moved out and when was the final inspection. This will give you proof that you asked for the money and that you sent him a forwarding address. If he fails to send you the check within 14 days of receipt of your letter, file in small claims court for the deposit and the legal penalties of wrongful withholding (normally 2-3 times the deposit, check on your state's law statutes to see how much it is there). Once you have the judgement against him, have it recorded by the clerk of court. This will affect his credit report greatly. Then file to garmish his wages or place a lien against his personal property. Good luck.