Legal Question in Landlord & Tenant Law in California
Security Deposit Refund
I moved out of my apartment on April 12, and the landlord sent me my refund check with notable deductions postmarked May 5. Since that is 2 days longer than the 21-days required to return my refund check, am I entitled to the whole security deposit. If so, do I file with small claims courts?
1 Answer from Attorneys
Re: Security Deposit Refund
Because the landlord was outside the 21 days, you can sue the landlord in small claims court for return of your security deposit. However, the landlord then can file a counterclaim against you.In the counterclaim, the landlord can assert a right to make deductions from the deposit, for example, for unpaid rent or for damage to the rental that the landlord alleges that you caused.
We suggest you send a demand letter to the landlord first, pointing out the 21 day rule and demanding payment in full of the sec deposit. If you would like us to draft and send this on your behalf, our landlord tenant services offers this legal service for $100. This includes unlimited phone consultation.
Yours truly,
Bryan
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877.201.8728
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