Legal Question in Landlord & Tenant Law in California
holding deposit
Hello,
I gave the property mgmt co. $700 as a holding deposit for a rental unit that was being rehabed (they redid all of the structure's interior). I have no reciept for this $700 I paid them, other than my own reciept for the money order I had given to them. After approx 2 months of waiting for them to finish up the rehab, I changed my mind about renting it, and verbally asked them for the $700 deposit back. I had never moved in. Within the next 2 weeks or so, the rehab was finally completed and it was rented out immediately to another person. There was not any time lag between when they finally finished up the rehab-making the unit finally fit to rent out-and when their new tenant took possession of the unit. They did not have to incurr any additional expenses to find this new tenant. I have asked them repeatedly about my $700--the 21 day refund time period has long since passed. They said they mailed a check out and are not responsible for the USP service lagging on the mail delivery. Their Prop.Mgmt. office is located less than 6 miles from my current mailing address given to them! They refuse to say the date that they mailed it out to me or the check amount they refunded...What should I do now? Thanks for the advice.
1 Answer from Attorneys
Re: holding deposit
Send a certified letter giving a date on which you will pick up a replacement check. If that doesn't happen, your only alternative is small claims court.