Legal Question in Real Estate Law in California
tenants right to recover security depositCalif Civil Code states a landlord
Calif Civil Code states when a tenant leaves the house he/she is renting regardless of the reason, the landlord has two weeks to notify the former tenant in writing why the security deposit or portions thereof is not being returned and the reasons why. If the landlord fails to do this notification, what recourse does the former tenant have and does he/she get this deposit back automatically due to the fact the landlord violated the civil code by failing to give the proper notice?
1 Answer from Attorneys
Re: tenants right to recover security depositCalif Civil Code states a landlord
Have you made a demand for return of the deposit? What did the landlord say in response to your demand?
Your question says 'when a tenant leaves for whatever reason' and this catches my attention. Did you notify the landlord that you were surrendering possession, i.e. moving out? The landlord is not required to guess as to your motives in being absent from the premises. Perhaps you are only on a vacation. If the landlord is an absentee, he may be unaware that all your belongings were moved out and the place is vacant.
If the landlord was notified of your quitting the premises, if he has your forwarding address, and if you have requested the return of your deposit and received no satisfactory answer, your next step is to consider filing in small claims court. The better written proof you have of notice, demand and refusal, the better your chances of winning.