What do I do if I have not receive my security deposit back in time?

I vacated my old house the last day of May. From my understanding, in California the landlord legally has 21 days to give the security deposit back(less any for damages). The landlord and I did a walkthrough my last day there and agreed he d only take around $150-$200 out of my $4k security deposit. On Friday (June 21st), I did not see it in my mail, so I emailed my former landlord. He responded saying he will mail in the morning(Saturday I assume). Now it is June 25th and I still have not received it. Is there anything I can do besides demand it back? I know he s supposed to return it within 21 days, but what if he doesn t?

11 Answers

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  • 5 months ago

    After waiting for a reasonable time for the mail to make its way through the system, you may ask for proof that the payment was mailed. If there is no proof, you have no choice but to assume the LL is lying. You may give him "one last chance" to get it to you before you "take legal action" to recover your money. In my state you could sue for triple whatever has been illegally withheld, plus your attorneys' fees.

  • 28AKO
    Lv 5
    5 months ago

    Be patient and see if you get it by Friday. You must remember if he mailed it out Saturday then the carrier don't run on Sunday unless it's Amazon. It's been two days and today will make three the average mail takes two or three days for u to get

  • 5 months ago

    Most states are 30 days.. are you sure about 21? I would try calling him & if no response threaten him with legal action.

  • 5 months ago

    It is just FOUR days past the 21 days. Be patient. Wait another four days, then ask if he sent it yet. If he did, wait longer. If he did not, then tell him that if he does not get it to you in the mail in the next day or two, he will be dealing with your lawyer.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
    • DEBS
      Lv 7
      5 months agoReport

      Odd that laws don't mean anything to a paralegal. He had 21+ days to send it. He has not provided the legal accounting for deductions. If he doesn't know the laws of being a landlord he'll learn quickly and hopefully it will cost him more than $4k. That's a lot of money to most renters.

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  • 5 months ago

    You could sue him, but that would take a lot longer than 3 weeks, so I'd give him a few more days first.

  • 5 months ago

    It just needs to be postmarked by June 21st.

    If it takes it 3 weeks for the mail person to find your house, the landlord is in compliance.

  • 5 months ago

    You have to sue him.

  • DEBS
    Lv 7
    5 months ago

    File in small claims court. If he lives close, I would give him one last chance by saying you're stopping by to pick it up. Then sue him the next day. Keep all your correspondences in writing.

    PS: As he didn't put in writing what he was deducting legally are entitled to all of it back. A judge could, if she felt there was cause, award you more than the deposit amount as well. (don't count on that unless the judge feels like he's playing games with you or the court.)

  • Anonymous
    5 months ago

    Take them to small claims court.

    What ever happened to the mold problem in your house ?

    Source(s): Your profile questions
    • Sean5 months agoReport

      I am waiting to get my security deposit back from my landlord, so I can sue them for the mold. The landlord sent someone to "fix" the mold. After they "fixed" the mold, I got it tested a second time and all they did was release more spores in the air and make the air quality worse

  • Henry
    Lv 4
    5 months ago

    You have to put it into the time machine for it to go back in time.

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