Legal Question in Real Estate Law in California
It seems my previous landlord is looking for any excuse to not mail me my security deposit. It will be two months next week since I moved out of the place and I have not received anything, not even a letter saying what expenses were made on the property and what I owe. What actions can I take, I do not seem to be the only one having this problem, and I am begging to think that the landlord is keeping the money in bad faith. I have gone twice to their offices and they said they mailed it, but I do not receive anything. They show me a print out of the check they mailed, but that does not really prove anything to me. Any help would be greatly appreciated. I live in California.
2 Answers from Attorneys
California law requires an accounting and refund within a few weeks of a complete move-out. At this point I would suggest a small-claims suit including a request for bad-faith damages. The landlord is probably in financial hot water and prompt action may be necessary.
Before running off and filing a small claims suit, I suggest asking the company whether the check they claim was issued and mailed to you was ever cashed.
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