Legal Question in Landlord & Tenant Law in California

Return of deposit

I recently moved out of a apt. that I had leased for 1 yr.

After my roomate and myself clean the apt. we were told in our lease agreement that if we wanted a walk thru to find out how much of the deposit we would receive back, we put down ($500.00)that we would get in return from our $500.00.

My roommate did the walk thru with the maintance man. The maintance man stated your apt. is very clean. He told my room-mate we would get all of our deposit except $45.00 because we did not have a receipt for the cleanning of the rugs. (We clean the rugs ourself and everything was spotless) This was Aug.8 2006. We contacted the apt. mgr.and asked them what is the hold up of sending the check for out deposit.

We keep getting the same answer that when the corporation gets ready they will send the check.

I would like to know if there is any thing I can do to get them to finally send out our return of our deposit.

When we moved in we put the money of front to them. So what gives them the right to send it we they want.

Could you please e-mail me back and let me know if there is anything I can do to speed up the process?

Todays date is 9/25/06...it has been 47 days.

Thank You....


Asked on 9/25/06, 10:48 pm

1 Answer from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Return of deposit

Landlords must send you an accounting of your security deposit within 21 days of vacating the apartment. This statement must show all charges to your deposit. If the LL has failed to send you the proper accounting within the 21 day period, then it has to refund the ENTIRE deposit. In other words, the LL forfeits the benefit of deducting from your deposit, except for cleaning, repairs and unpaid rent. Send a letter asking for the deposit within 10 days, and if you don't get your deposit back file a small claims action. Good luck.

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Answered on 9/26/06, 11:33 am


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