Forwarding Address Required for Security Deposit?

Discussion in 'Moving In & Out, Movers' started by needhelp5, Jan 19, 2012.

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  1. needhelp5

    needhelp5 Law Topic Starter New Member

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    I gave my roommate who sublet the room to me a move out notice. On the notice, I stated that "please make the security deposit available within 21 days after I move out and I will pick up the deposit in person". I also sent the notice to her via certified mail. But I did not put down my new address on the envelope, in stead I used the old address, the address from where I moved out and any returned mails will be forwarded to my new address by USPS. I don't want to expose my new residence and the people living there. So, in case I have to sue her for not returing the security deposit in time, would the missing forwarding address be a reason for her to win?
     
  2. disagreeable

    disagreeable New Member

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    That depends on the requirements for your state. We don't know where you are.
     
  3. needhelp5

    needhelp5 Law Topic Starter New Member

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    Los Angeles, CA. Thanks!
     
  4. disagreeable

    disagreeable New Member

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    I just answered this for you on another forum.
     
  5. needhelp5

    needhelp5 Law Topic Starter New Member

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    where's the forum?
     
  6. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    Your landlord is not required to provide you with your security deposit "in person". Thus, if they mail it to the old address and you have completed the required paperwork for an address change it should be forwarded to you.

    The date she is required to return it to you is determined by the date it was SENT, not the date you RECEIVED it. This would be determined by the postmark on the envelope.

    Gail
     
  7. needhelp5

    needhelp5 Law Topic Starter New Member

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    Do you mean 21 days from the date I mailed out the notice?
     
  8. disagreeable

    disagreeable New Member

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    Gail, it doesn't logically make sense for the landlord to be able to track compliance this way. OP wants to pick up in person, which is fine, however, the other choice would be for landlord to mail it to OP, at landlords address, in anticipation of it being forwarded. I do not believe the post office will forward a letter which requires a signature. Therefore landlord could be accused of never sending the refund, or not sending it timely.
     
  9. needhelp5

    needhelp5 Law Topic Starter New Member

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    Disagreeable, thank you for the info.

    When returning house key, do I need to ask my roommate to sign a receipt? I'm just afraid that she will tell the judge that she has never received my key, and that I am liable for the rent during the time I'm 'keeping' the key, if I just leave it on the kitchen counter top or at her door.
     
  10. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    " Gail, it doesn't logically make sense for the landlord to be able to track compliance this way. OP wants to pick up in person, which is fine, however, the other choice would be for landlord to mail it to OP, at landlords address, in anticipation of it being forwarded. I do not believe the post office will forward a letter which requires a signature. Therefore landlord could be accused of never sending the refund, or not sending it timely. "


    It is fine if they agree to the request to pick up the security deposit in person; however, again, the landlord is under no legal obligation to do so.

    If the letter is sent to the only address the landlord has knowledge of (i.e., the landlords address) and is not forwarded nor picked up by the previous tenant, the letter will be sent back to the sender (or, in this case, picked up by the landlord) who must keep it, unopened in their files as proof that an attempt to return the refund was made within the required time period for that particular state (21 days in California). If the former tenant accuses the landlord of not returning this within the required time period, the postmark on the unopened letter will be the proof that this was done.

    And OP, the 21 days starts when you formally vacate the rental unit, NOT when you give you notice.

    Gail
    .
     
  11. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    "When returning house key, do I need to ask my roommate to sign a receipt? I'm just afraid that she will tell the judge that she has never received my key, and that I am liable for the rent during the time I'm 'keeping' the key, if I just leave it on the kitchen counter top or at her door."

    This would be a good idea.

    Gail
     
  12. disagreeable

    disagreeable New Member

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    You are correct Gail. CA law only requires it to be sent 1st class mail, certified is not an option. If OP has not returned the key, he has not left yet.
     
  13. needhelp5

    needhelp5 Law Topic Starter New Member

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    If she does not want to sign the receipt or she is not home when returning the key, this is what I am going to do: write a note next to the key saying that I return the key as of this date and stick it and the key onto her door and take a picture of it. I will have someone to go with me as a witness. Would that be enough?

    I was suggested mailing the key to her with a PO box as the returning address. Would that work? I am afrad that no one accepts the mail and I end up keeping the key with me.

    Can I use a PO box as the forwarding address for security deposit?
     
  14. army judge

    army judge Super Moderator

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    I suggest you NOT tape a key to the door.



    The usual way to return the key is in person, or by US Mail (return receipt requested), or by FedEx or UPS overnight letter.

    That way you get a signature or the key gets returned to you with her refusal.

    A PO Box should be acceptable as a forwarding address.

    Or, if you've left forwarding information with the local post office, she can send it there, and it'll be forwarded to your new address.

    But, don't hold your breath expecting to see much of that security deposit, if any of it at all!!!!
     
    needhelp5 likes this.
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