If a Landlord takes too long to send you your deposit back...?

Question

I live in California and I know under California Law, a landlord has 21 days after move out to either send you back your full deposit or whatever was left of your deposit with an itemized list of what costs were taken out of it and for what. What I don't remember is, if after the 21 days, the landlord hasn't returned neither, does he waive all rights of taking anything out of the deposit and has to send you back the ENTIRE deposit even if you owed money in some way?

Answer 1

Yes, that's correct. If the landlord does not return the security deposit, or provide a detailed accounting of the security deposit within 21 days then the landlord loses the right to keep any of the deposit. But you will probably have to sue the landlord to get back any of it.

Also, if the landlord wrongfully withholds your security deposit and you sue for it, the court can grant you a judgment for triple the amount that was wrongfully withheld. So it might be worth filing a lawsuit.

Check out http://www.dca.ca.gov/legal/landlordbook/catenant.pdf for more info.

Answer 2

Yes, something like that. Fair housing can tell you that through a phone call to them or you can get on their web site and get your answer.

You are right, the landlord is required to give you back your $ and explanation of deductions within 21 business days or they are facing a fine which can be that you get your entire deposit back. What does your lease say. If there are different terms in the lease you signed, then I don't know. Again, ask fair housing or legal aid.

Answer 3

you could contact the apartment association in your area. in some states, you could be awarded 3 times the amount of your refundable deposit less damages

Answer 4

I don't live in Cali, but i would suggest you to contact your landlord and if he fails to send it then contact a lawyer or somebody like that.