Failure To Refund Security Deposits

There is strength in numbers. Class action lawsuits serve the function of bringing the case of many renters to the attention of state and federal courts. When renters who have been denied their rightful security deposit refunds band together, justice is achievable for all.

At the law offices of Westrup & Associates, we make it our business to help ordinary people obtain justice when landlords violate existing laws designed to protect tenants. Contact us if you believe that your landlord did not timely issue you a security deposit refund or provide you with an accounting for any security deposit deductions after you moved out.

Refunds of deposits are required within 21 days of move-out and all deductions must be supported by third party/vendor invoices or work orders if the job was performed in-house.

"Failure to refund" cases successfully tried or brought to settlement by attorneys of Westrup & Associates have included the following:

  • Kitt v. JH Real Estate Partners, Inc. (O.C.S.C. No. 02CC01448): We obtained a verdict in excess of $5 million (initial verdict was over $10 million) on behalf of Plaintiff and all former tenants for improper accounting of security deposits.
  • Ko v. AvalonBay Communities, Inc., L.A.S.C. Case No. BC 297004: The Plaintiff alleged that the Defendant, AvalonBay Communities, Inc., improperly deducted amounts for repairs from residential security deposits. We represented a former tenant, who brought the action on behalf of herself and as private attorneys general on behalf of the general public, against her landlord for the return of security deposits under Civil Code Section 1950.5, unfair business practices under Business and Professions Code Section 17200, and negligence. As a result of our efforts, the parties entered into a settlement agreement whereby each class member is entitled to receive a partial refund of their security deposit in the amount of $120.00.
  • Tovar v. L'Abri Management, L.A.S.C. Case No. BC 237666: The Plaintiff alleged that Defendant L'Abri Management improperly deducted amounts for repairs from residential security deposits. As a result of our efforts, the case was resolved with over 4,500 former tenants being entitled to participate and receive $94.00 each.