Deposit not returned

[Sdvb2016]

Jurisdiction

California

Hi-

I vacated/returned the keys to the landlord/roommate on December 7th around 9 pm. I know the landlord has 21 days to return my deposit. When is that date? December 28th or 29th? I'm not sure if I have to "receive" it by that time or if she has to "mail" it before that. I haven't received it yet.
According to what I read, after 21 days the landlord has to return the full deposit. Somebody told me the landlord has to give me a double amount. Which one is true?
Thanks!

 

[army judge]

Hi-

I vacated/returned the keys to the landlord/roommate on December 7th around 9 pm. I know the landlord has 21 days to return my deposit. When is that date? December 28th or 29th? I'm not sure if I have to "receive" it by that time or if she has to "mail" it before that. I haven't received it yet.
According to what I read, after 21 days the landlord has to return the full deposit. Somebody told me the landlord has to give me a double amount. Which one is true?
Thanks!

Actually, you are to receive written notice about your deposit.
That means you could receive the entire amount, or a smaller amount less any deductions claimed by the landlord.

Don't rely on a specific date, although the law may says so many days, it could take longer (and often does) to receive a check or an explanation and bill.

Plus, you might have a $1,000 deposit, but could end up owing $2,000 to the landlord, if damages are alleged.

I suggest you contact the landlord and ask him/her when you'll be receive the deposit.

The law in your state:

Under California law, 21 calendar days or less after you move, your landlord must either:

Send you a full refund of your security deposit, or
Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.218

The landlord also must send you copies of receipts for the charges that the landlord incurred to repair or clean the rental unit and that the landlord deducted from your security deposit. The landlord must include the receipts with the itemized statement.219 The landlord must follow these rules:

If the landlord or the landlord's employees did the work - The itemized statement must describe the work performed, including the time spent and the hourly rate charged. The hourly rate must be reasonable.
If another person or business did the work - The landlord must provide you copies of the person's or business' invoice or receipt. The landlord must provide the person's or business' name, address, and telephone number on the invoice or receipt, or in the itemized statement.
If the landlord deducted for materials or supplies - The landlord must provide you a copy of the invoice or receipt. If the item used to repair or clean the unit is something that the landlord purchases regularly or in bulk, the landlord must reasonably document the item's cost (for example, by an invoice, a receipt or a vendor's price list)220
If the landlord made a good faith estimate of charges - The landlord is allowed to make a good faith estimate of charges and include the estimate in the itemized statement in two situations: (1) the repair is being done by the landlord or an employee and cannot reasonably be completed within the 21 days, or (2) services or materials are being supplied by another person or business and the landlord does not have the invoice or receipt within the 21 days. In either situation, the landlord may deduct the estimated amount from your security deposit. In situation (2), the landlord must include the name, address and telephone number of the person or business that is supplying the services or materials.
Within 14 calendar days after completing the repairs or receiving the invoice or receipt, the landlord must mail or deliver to you a correct itemized statement, the invoices and receipts described above, and any refund to which you are entitled.

Your deposit could be reduced if you were supposed to be out on the 1st of December, but left on the 7th of December.
That includes the scenario where you left some of you stuff behind in the unit for seven days!
If that is what happened in your case, you'll owe another month's rent in FULL for those seven days of usage.
..
..
California Tenants - California Department of Consumer Affairs

 

[Gail_in_Georgia]

Often when there is a question on when a security deposit (or information regarding such) is returned to the former tenant, the deciding factor is the POSTMARK indicating when it was sent out; not necessarily when it was received by the tenant.

The argument is that once the letter leaves the landlords hands (through the mail) they have no control over when it actually is received by the former tenant. For example, if your former landlord mailed it out December 24th and you went on Christmas vacation and didn't return until after the New Year you'd receive this letter after the 21 day deadline. This wouldn't be your former landlords fault.

I'm assuming you've notified your former landlord of your new address; correct?


Gail

 

[Sdvb2016]

Often when there is a question on when a security deposit (or information regarding such) is returned to the former tenant, the deciding factor is the POSTMARK indicating when it was sent out; not necessarily when it was received by the tenant.

The argument is that once the letter leaves the landlords hands (through the mail) they have no control over when it actually is received by the former tenant. For example, if your former landlord mailed it out December 24th and you went on Christmas vacation and didn't return until after the New Year you'd receive this letter after the 21 day deadline. This wouldn't be your former landlords fault.

I'm assuming you've notified your former landlord of your new address; correct?


Gail

Yes, I gave her my new address. I tried to give her the keys in person because I wanted her to walk with me and see that the room and bathroom were in perfect condition, actually better and cleaner than the way I found them, but she refused to look at them. I knew she was going to give me a hard time with the deposit and I really want to get it over with.

Thanks for the reply. I had been told that I had to receive it within those 21 days.

 

[Sdvb2016]

Actually, you are to receive written notice about your deposit.
That means you could receive the entire amount, or a smaller amount less any deductions claimed by the landlord.

Don't rely on a specific date, although the law may says so many days, it could take longer (and often does) to receive a check or an explanation and bill.

Plus, you might have a $1,000 deposit, but could end up owing $2,000 to the landlord, if damages are alleged.

I suggest you contact the landlord and ask him/her when you'll be receive the deposit.

The law in your state:

Under California law, 21 calendar days or less after you move, your landlord must either:

Send you a full refund of your security deposit, or
Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.218

The landlord also must send you copies of receipts for the charges that the landlord incurred to repair or clean the rental unit and that the landlord deducted from your security deposit. The landlord must include the receipts with the itemized statement.219 The landlord must follow these rules:

If the landlord or the landlord's employees did the work - The itemized statement must describe the work performed, including the time spent and the hourly rate charged. The hourly rate must be reasonable.
If another person or business did the work - The landlord must provide you copies of the person's or business' invoice or receipt. The landlord must provide the person's or business' name, address, and telephone number on the invoice or receipt, or in the itemized statement.
If the landlord deducted for materials or supplies - The landlord must provide you a copy of the invoice or receipt. If the item used to repair or clean the unit is something that the landlord purchases regularly or in bulk, the landlord must reasonably document the item's cost (for example, by an invoice, a receipt or a vendor's price list)220
If the landlord made a good faith estimate of charges - The landlord is allowed to make a good faith estimate of charges and include the estimate in the itemized statement in two situations: (1) the repair is being done by the landlord or an employee and cannot reasonably be completed within the 21 days, or (2) services or materials are being supplied by another person or business and the landlord does not have the invoice or receipt within the 21 days. In either situation, the landlord may deduct the estimated amount from your security deposit. In situation (2), the landlord must include the name, address and telephone number of the person or business that is supplying the services or materials.
Within 14 calendar days after completing the repairs or receiving the invoice or receipt, the landlord must mail or deliver to you a correct itemized statement, the invoices and receipts described above, and any refund to which you are entitled.

Your deposit could be reduced if you were supposed to be out on the 1st of December, but left on the 7th of December.
That includes the scenario where you left some of you stuff behind in the unit for seven days!
If that is what happened in your case, you'll owe another month's rent in FULL for those seven days of usage.
..
..
California Tenants - California Department of Consumer Affairs

There was absolutely nothing to repair or clean. She's just taking time to piss me off. I know she's going to come with stupid excuses. I tried to take as many pictures as I could but the fact that she refused to do the walk out with me shows her whole attitude about it.
Thanks for the reply!

 

[army judge]

There was absolutely nothing to repair or clean. She's just taking time to piss me off. I know she's going to come with stupid excuses. I tried to take as many pictures as I could but the fact that she refused to do the walk out with me shows her whole attitude about it.
Thanks for the reply!

Yes, you say nothing, she'll say something.

So, it begins...

What, you ask?

You'll have to sue her in small claims court if she returns less than you believe she should have returned.

Often the landlord will take EVERYTHING, and list all manner of damages and repairs required.

Bottom line, only a court can order her to pay you.

But, but, but, then you have to fight 100 times harder to collect on the judgment, assuming you prevail.