Security Deposit I'll be out of town but landlord refuses to mail the security deposit

[alexgao42]

Jurisdiction

California

I just moved out, and my landlord told me to pick up the security deposit in person after 21 days and refused to mail me the security deposit. Do I have rights to ask them to mail me the deposit to my forwarding address? Thank you.

 

[army judge]

Do I have rights to ask them to mail me the deposit to my forwarding address?

Yes, all tenants have rights.

However, your landlord doesn't have to honor your rights.

In the USA rights flow from the government (federal, state, local) to the citizenry.

In California after a tenant vacates the unit, a landlord has 21 days to:

1=Return the tenant's deposit in full,
2=Mail or personally give to the tenant:
3=A written letter explaining why he or she is keeping all or part of the deposit,
4=An itemized list of each of the deductions,
5=Any remaining refund of the tenant's deposit, and
6=Copies of receipts for the charges/deductions, unless repairs cost less than $126 or the tenant waived (gave up) his or her right to get the receipts.

If the repairs cannot be finished within the 21-day period, the landlord can send the tenant a good faith estimate of the cost of repairs.

Then within 14 days of the repairs being done, the landlord must send the tenant the receipts.

I suggest you provide your landlord with a self address, postage paid, priority mail envelope and ask him to mail the deposit to you.

Be polite, calm, and personable when you request the landlord to do this.

He/she could say, no, and then you and he/she will have to slug this out in small claims court.

That means you'd have to return to California for the trial.

The last thing you wish to do is go to court over this.

 

[alexgao42]

Yes, all tenants have rights.

However, your landlord doesn't have to honor your rights.

In the USA rights flow from the government (federal, state, local) to the citizenry.

In California after a tenant vacates the unit, a landlord has 21 days to:

1=Return the tenant's deposit in full,
2=Mail or personally give to the tenant:
3=A written letter explaining why he or she is keeping all or part of the deposit,
4=An itemized list of each of the deductions,
5=Any remaining refund of the tenant's deposit, and
6=Copies of receipts for the charges/deductions, unless repairs cost less than $126 or the tenant waived (gave up) his or her right to get the receipts.

If the repairs cannot be finished within the 21-day period, the landlord can send the tenant a good faith estimate of the cost of repairs.

Then within 14 days of the repairs being done, the landlord must send the tenant the receipts.

I suggest you provide your landlord with a self address, postage paid, priority mail envelope and ask him to mail the deposit to you.

Be polite, calm, and personable when you request the landlord to do this.

He/she could say, no, and then you and he/she will have to slug this out in small claims court.

That means you'd have to return to California for the trial.

The last thing you wish to do is go to court over this.

Thank you. I'll try to talk to them.

 

[army judge]

Thank you. I'll try to talk to them.

Good luck, please let us know what you learn after you've had your chat, if you get a minute.

 

[adjusterjack]

Do I have rights to ask them to mail me the deposit to my forwarding address?

Here's the exact wording from the statute:

the landlord shall furnish the tenant, by personal delivery or by first-class mail,

That gives the landlord the choice, BUT, if he chooses not to mail it then HE must deliver it TO YOU, not require you to pick it up.

Here's a link to the statute:

Law section.

 

[zddoodah]

The right to ask?

I wouldn't call it a "right," but you're obviously free to ask for anything you want.

The landlord does not have the right to require you to pick up your deposit. However, is it really so inconvenient for you to do so that it's worth making a huge stink over? Even when you're completely in the right, the path of least resistance will often make your life easier.