Legal Question in Landlord & Tenant Law in California

Security Deposits

We moved out of an apartment in July, our last day of tenency being the 14th. We did not recieve any letter or check regarding our security deposit until August 21st. We signed a lease stating we would recieve the refund within 21 days. I questioned the property management on what type of compensation we can recieve for the delay and he said he had no answer. Instead they called us back within 5 minutes to tell us the delay was due to the owner being out of the country. I know there are laws regarding what happens if they do not return it within the stated time frame, but is that a valid reason for it being delayed? and do I have a case against them since they did not even send us a letter letting us know there would be a delay. And now are not offering us any compensation.


Asked on 8/22/07, 3:38 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Security Deposits

The law clearly states 21 days, and has no excuses.

You didn't state whether or not you received the entire deposit back. There is a provision in the law that assesses a $600 penalty against the landlord, where a judge feels he/she acted in bad faith, and the $600 would go directly to you. Problem here is that judge may not consider being out of the country "bad faith".

I would retain an attorney to demand the $600 for you, especially if you didn't receive the full amount of the deposit.

E-mail, or call, my office if you need more.

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Answered on 8/22/07, 9:25 pm


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