I moved out of my apartment on 10/31 the day my 30 days was up and returned the keys, left a forwarding address and phone number and I still haven't gotten my deposit back! The apartment was spotless and I paid to have the carpet cleaned professionally. I know it's already rented out again because I called an old neighbor who told me so. I NEED that deposit back to pay my deposit on my new apartment. I am calling Monday to find out where it is, but my question is have they violated any laws? Can I report them to someone (it's a property management co.) and have them fined? I'm desperate and I don't want to sue them because I'm moving out of county but it's a $1500 deposit, so I will if I have to. Thanks.
2007-11-17 15:38:11 · 6 answers · asked by Fiona 3 in Business & Finance ➔ Renting & Real Estate
I live in California BTW.
2007-11-17 15:39:38 · update #1
Send a certified letter to your old landlord immediately.
In that letter state that you want a explanation of why your deposit was not returned, A ITEMIZED decription of any charges they are holding agaisnt your deposit, note how much of a refund you are due, make sure you leave a forwarding address and contact phone number - and give them a couple days to respond - and ask that it be responded to by certified letter also.
make a copy of the letter sent...give them the couple days, then take it to court.
Landlords come up with reasons like - they didnt know where to send it- or forget that you had a deposit. Often they will try to charge you thousands for a new paint job- where you should not be paying for that at all!
On the other hand management companies are smart - they know the laws and will comply with them when asked to forcefully. But when given the oportunity they will take advantage of a ex-tenant and keep their hard earned money.
Keep in mind they have 30 days to return the money to you - plus another 5 days for mailing (in my area at least). Thats about the average across the country as far as I know, so no they havent broken any laws because the 30 days is not up yet. But send the letter anyway- just for proof and documentation-incase needed in the future, because you should get your money back - and a freindly phone call doesn't always hold up in court.
2007-11-17 15:55:06 · answer #1 · answered by mary h 4 · 0⤊ 2⤋
California statues mandate return of security deposit within three weeks of your vacating the premises. The management company is within that three weeks until November 21. They are considered to be within the bounds of the law as long as the deposit is in the mail by the 21st.
You have a few days to wait before you start complaining. If the deposit is mailed on the 21st, you may not receive it until Friday or Saturday of this week.
2007-11-18 08:10:39 · answer #2 · answered by acermill 7 · 1⤊ 1⤋
The lease agreement should state the condition for deposit return. In general, if there were no issues with the move out and the condition of the place did not violate the lease agreement, they must return the deposit to you. Check with the property management company ASAP. Good luck :)
2007-11-17 23:51:17 · answer #3 · answered by Sandy ♥ - semi retired :) 7 · 0⤊ 2⤋
If they violate the 21 day rule, send them a certified letter. The lesson here is to ALWAYS walk through the home with the landlord before moving out. That way they can't weasel out later and say there were cleaning expenses, etc.
2007-11-18 18:26:32 · answer #4 · answered by Jack of All Trades 2 · 0⤊ 1⤋
California Landlord/Tenant laws allow the landlord 21 days in which to mail the security deposit.
The landlord has until Wednesday to mail the deposit, so you may not receive it until next week.
They have not violated any laws, yet.
2007-11-18 09:40:46 · answer #5 · answered by ? 6 · 0⤊ 1⤋
They still have a few more days to return the deposit. Don't freak out.
2007-11-18 03:01:29 · answer #6 · answered by Legend 4 · 1⤊ 3⤋