Landlord doesn't return security deposit?

Question

Hi, I'm in California, my ex landlord doesn't return my security deposit and today is the deadline, I haven't received anything in the mail. I was wondering whether I am supposed to expect the check/ list within 21 days or he has 21 days to MAIL the check. How much longer should I wait ?, and if I don't receive any money, what's the next step?, a lawsuit or a demand letter?. Thanks.

Most of you guys really know nothing about the law , what's up with the woman giving free money to landlords!??. The apartment had no damages and no, I didn't leave my mess, I cleaned it up very well.

That's exactly my problem with all of this, he HAS TO return the money, he is violating the law, why is it my responsability to keep track of what he is doing ?, he is not a ten year old who needs to be reminded to do his homework, he is an adult. Whoever gives me a smart answer that doesn't imply being considerate to a person that is being inconsiderate enough to withhold my money will get the 10 points.

Answer 1

He has 21 days to mail it, doesn't need to actually be received by you within 21 days.

If (after a reasonable amount of time for mail delivery), you don't receive it, send a demand letter for the full security deposit. If that doesn't get a response, go file a small claims case seeking the full security deposit, plus punitive damages in the amount of two times the security deposit as allowed by CA Civil Code 1950.5(l), plus court costs. If you jump the gun on filing a lawsuit and the landlord really did send the deposit, you're out the filing/process service fees.

Answer 2

Why don't you call him and find out what's going on. There is no harm in that. That should have been established when you moved out though. He would have had to tell you that he was keeping the deposit and why.

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Well, then you are entitled to your deposit back. And I have never anticipated the landlord keeping the deposit I left. That's why it's a deposit. It to cover any damages that may incur during your stay there that goes above and beyond normal wear and tear. The landlord is supposed to paint after each tenant and have the rugs cleaned. That is NOT supposed to come out of the deposit.

Give him a call and let him know that if it is not received within 5 business days you will be stopping by for your check. If he isn't home at the time that you stop by, then send a cert. letter ret. rcpt. reqested stating that you have given him plenty of time to return your deposit and you will begin court proceedings within 2 weeks. If you still don't hear anything, get ready for Judge Judy!!!

Good luck.

Answer 3

Within 4 days of moving out, you must provide the landlord in writing of your forwarding address, otherwise you may risk not getting your deposit back.

Within 30 days the landlord then must refund the full amount, OR state his claim in writing for damages. You can argue against any claim, again in writing within 7 days.

If the landlord and tenant can not come to an agreement about the security deposit and settle, the landlord must file suit to keep the deposit - within 45 days of termination of occupancy. If he does not file suit (he can not just keep the money) he faces the risk of having to pay double the amount back to the tenant. (Check with your state for the specific law).

The tenant may have to file suit to get the deposit back if he:

* Did not give his forwarding address within 4 days

* Did not respond in writing within 7 days to the claim for damages

* The landlord did not refund the deposit even though the tenant did all the above

The above information comes form the site listed below.

I would immediately make a phone call, ask for proof of mailing of the check AND follow it up with a registered letter of demand for an immediate and full refund of the deposit.

Hope it helps.

Answer 4

In Cook County, Illinois, you would absolutely have her dead to rights. I'd imagine that the rules are pretty similar everywhere, but here she would already owe you at least 150% of the original deposit. In Cook, there is a board that hears grievances on these matters, similar and just as binding as a court, I'd would ask around the city offices and see if someone can point you in the right direction. The other option is to get a lawyer and sue, or file pro se in your local courthouse. It's your money, fight for it.

Answer 5

Step 1 call and ask Step 2 check your lease and see what it says and Step 3 check the state law as to what is required from the land lord. Then send a registered return receipt letter. If there is a violation of the law consider getting a legal begal to represent you in magistrate court.
Here is the information
STATE’SLANDLORD TENANT ACT: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=72145723910+1+0+0&WAISaction=retrieve
HUD – Tenant rights in California: http://www.hud.gov/local/ca/renting/tenantrights.cfm
Pamphlet from the State of California on Landlords and Tenants:
http://www.dca.ca.gov/legal/landlordbook/
Private Attorney’s Website on Tenant/Landlord issues: http://www.caltenantlaw.com/
Buena Suerte

Answer 6

Call and ask if it was mailed yet.

If it wasn't and the time allowed by law is up, file in court.

A deposit is just that ... a deposit. Unless there are damages in the form of property damage or unpaid rent or some other reason allowed by law, you have every right to the return of that money.

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"why is it my responsability to keep track of what he is doing ?"

Because it's the smart thing to do.

If you file in court tomorrow and the check arrives the very next day ... you wasted your time, gas and however much it cost to file. Here it costs about $35 to file. A phone call costs about a nickel.

Better to spend a nickel to see if you are going to have to spend $35 or not than to just spend $35 for nothing.

Answer 7

Did they change it to 21 days used to be 14. He has to either give you a refund of your deposit or a partial refund with a letter stating why he only returned so much. Or in your case sounds like he may not want to give you anything. If the time is up and your deposit is worth your time and effort sue him and get it all back plus court costs. I am going to read my tenants rights book on this question. Do you have one of these books if not email me [e-mail]

Answer 8

Go and ask him for it. Was there damage to the apartment when you left? Most apartment buildings deduct expenses for repair from the deposit. If not, you are entitled to it and need an explanation. Make sure you get it in writing. Probably could take him to small claims court. Just make sure you have all your facts straight or it may end up costing you.

The Syko Ward

Answer 9

Honestly, I have never known any landlords who ever gave security deposits back,when I give a deposit I never count on getting it back. The only thing I can think of is to call your landlord and ask them where it is.

Answer 10

Call them and ask. You should have had the security deposit within a few days.