What to do if my landlord gave me back less than 1/2 of my security deposit?

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What to do if my landlord gave me back less than 1/2 of my security deposit?

She did so with a date that would have kept her in the “21-day period” she had to return my check. However, I did not receive the check until a week and a half after the check’s date. I am fighting her and will take her to court for the rest of my money. I was wondering if I cash the check I have (the one with the incorrect date), am I waiving my right to dispute?

Asked on November 16, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would write your former landlord demanding the balance of your security deposit to be paid by a certain date. Keep a copy of the letter for future use and need. If you do not receive such by then, then your legal recourse is small claims court. Cashing the check will not adversely affect your claim for the balance of your security deposit.


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