Legal Question in Real Estate Law in California

Re: Security Deposit

I doubt that the landlord has an obligation to "replace" the check, but the landlord does have an obligation to refund the unused security. So to that extent, the end result is the same: the landlord has not paid you, and you should be paid. The landlord cannot be permitted to benefit from your misfortune in misplacing the check. Otherwise, the landlord would be unjustly enriched at your expense. To the extent that the check remains uncashed, the landlord is still holding the deposit in trust for you. You are entitled to the money.

The solution is simple: Write the landlord a letter, send it both via (1) certified mail, and (2) regular mail. The letter states that you received the refund but misplaced the check; you have asked that it be replaced; you have offered to pay a reasonable stop payment fee as part of the replacement; the landlord has refused. Give the landlord 10 days to make good on the payment and advise him/her that if such replacement is not received timely for whatever reason, you will then sue the landlord for the return of the money.

And if the landlord does not return it, file suit in Small Claims. I would imagine most Small Claims courts would be disgusted with this type of conduct on the part of the landlord.

Good luck.

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