Where Did My Security Deposit Go?

Situatution

I haven't received my security deposit back.

Response

The Landord has 21 days to provide you with an accounting of your security deposit.  He will most likely send it to the address that you gave when you moved out.  If you provided no forwarding address, it will probably be sent to the address where you moved from and then forwarded by the postal service (assuming you forwarded the mail).

The accounting should be detailed with items that might include: cleaning, hauling trash, carpet cleaning and repairs.  The itemized costs for these items should be included and not just bunched together. 

There might also be unpaid items such as rent, late fees, bounced check fees etc.on the accounting list.

Any balance remaining of the security deposit should be included with the accounting.  If you owe more than the amount of the deposit, the Landlord will ask you to send a check.

If you have not received this by the 23rd or 24th day (allowing time for mailing) you should contact the landlord via letter, email or phone call.  Inform the landlord that you have not received the accounting of the security deposit.  If it is "in the mail" wait another day or two and if you still haven't received it, contact him again.

If the Landlord indicates that the accounting has not been sent, keep notes of the conversation and advise the Landlord that you understand that since the accounting has not been completed in a timely manner, you are going to demand that the entire deposit be refunded to you per California Law and that it is possible that he could owe up to 3 times the amount of the security deposit.

Ask if you can pick up the entire deposit today at his office.  If not, it's time to file a small claims court action for the deposit.