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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Receiving a Security Deposit After 21 Days in California

    My question involves a security deposit in the State of: California

    I have a different experience with regards to this law and was seeking advice.

    I moved out on Sept 30 after filing the proper 30-day notice. On Oct 16, I received an envelope with my forwarding address and name on it at my new place. Due to the time I was receiving this and the thiness of the envelope, I thought it may be my security deposit. Upon opening the envelope I found an application to a historical society along with a check made out to that party for $30. Since my name and address appeared nowhere on this form, I called the applicant to find out what was going on. They didn't know how this ended up in my hands and as I was asking them how they had my name and address, I was hung up on. I called back again and the person said they had no idea. The combination of rudeness and a British accent (since my only previous interaction with the buidling owner had a heavy dose of both these attributes) led me to thinking that my security deposit had been switched up with this completely unrelated document.

    I called the building manager asking if the name on the application form was the building owner. He said 'why' and when I explained the situation, he said yes and that he would contact her. The buidling mgr called me back about 10 minutes later stating that is what happened.

    I didn't receive my security deposit back until Oct 23 with a postmark of Oct 22. Both of these dates exceeded the 21-day limit. My question is how much of a case do I have to recoup the $300 they had taken out for cleaning costs? They originally tried to get me the deposit within the window, but it's not my fault they screwed that up or that they waited an additional six days before mailing out the correction to their mistake. In my eyes, by the letter of the law they certainly owe me the rest of my security deposit and they only attempted to act in good faith once out of two opportunties. In the end they failed to meet their legal obligation with no barriers or hinderances on my part causing this.

    In addition if this is taken to small claims court how much could this end up costing me if I lose? I don't dispute the cleaning costs, only that I didn't get deposit back within 21 days.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Receiving a Security Deposit After 21 Days in California

    If the charge was valid, you would sue for the return of your entire security deposit based upon its being returned a day or so late, they would countersue for any valid deductions, and the judge would likely award you the security deposit less their valid claims against you. So if the $300 is a valid charge, a small claims suit would likely amount to spinning your wheels.

  3. #3
    Join Date
    Jan 2008
    Posts
    247

    Default Re: Receiving a Security Deposit After 21 Days in California

    You can sue in small claims court for the deposit. The judge may award you damages if the landlord retained your deposit in bad faith. Being one day late is NOT acting in bad faith.

    http://www.apartmentsusa.com/califor...itydeposit.htm

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