What are my rights if my landlord failed to comply with state law regarding mysecurity deposit refund?

UPDATED: Dec 22, 2011

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What are my rights if my landlord failed to comply with state law regarding mysecurity deposit refund?

I had a rental lease agreement between a property management, homeowner and myself (residential) Due to violations of city codes for that property, we were given 30 days to vacate the property at the end of the 1 year lease. We moved out and left the house spotless and with no damages. We instructed for them to call me when the deposit money was ready for me to pick up. Is been over 25 days and they have not contacted me. I called them and they said the money is with the owner of the house but they refuse to provide me with the owner’s info so I can contact him. What should I do?

Asked on December 22, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country, a tenant is required to receive the return of his or her security deposit within 21 to 45 days of move out depending upon the law of the particular state. If the security full deposit is not returned in this time period, the landlord is required to send an itemization to the former tenant of what the security deposit was used for with back up documentation.

I would write the property manager a letter demanding the return of your security deposit within a set time period. Keep a copy of the letter for future need. If not paid within the demanded time period, your recourse is small claims court.

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