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Landlord Did Not Return Security Deposit or Communicate Within 21 Days of Vacating

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  • 08-12-2015, 08:46 PM
    lehtinen
    Landlord Did Not Return Security Deposit or Communicate Within 21 Days of Vacating
    My question involves landlord-tenant law in the State of: California

    I officially vacated a condo in Los Angeles on 7/19 after a final move out inspection that morning. The landlord's agent showed up but his son did not, despite agreeing to meet me to inspect everything prior to handing over the keys. Per the agent, she had no official authority to perform the official move out without the son present.

    Per California civil code, the landlord was required to either return the full deposit or a partial deposit + receipts, etc, by 8/9. This did not happen - I emailed twice and finally received a reply today that he was withholding the entire deposit until certain repairs could be completed. I informed him that he was legally required to have returned my deposit by now but he shrugged it off. He said he would return the remainder of my deposit sometime this weekend after final repairs were completed.

    My question is - did he formally waive his right to any deductions by not returning the full or partial deposit by 8/9 as required by law? There was also never an official itemized list of deductions ahead of time. There was absolutely zero communication between us before today and that was only due to my initiation. I believe that I'm entitled to receive the entire deposit with no deductions.

    Thank you for your help!
  • 08-12-2015, 11:41 PM
    Mr. Knowitall
    Re: Landlord Did Not Return Security Deposit or Communicate Within 21 Days of Vacatin
    You can sue your landlord for the return of your deposit. If he violated the security deposit laws you can get the deposit returned -- but he can countersue you for any damage that you caused to the unit and potentially get an offsetting judgment.
  • 08-13-2015, 08:04 PM
    lehtinen
    Re: Landlord Did Not Return Security Deposit or Communicate Within 21 Days of Vacatin
    Thank you - that's pretty much what I expected.
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