QUESTION
Dispute with CA landlord over security deposit - did not receive deposit or claim within 21 days.
Asked on Oct 05th, 2015 on Landlord and Tenant Law - California
More details to this question:
I moved out my apartment in San Francisco and did not receive my security deposit or a written claim of damages for 6 weeks. I contacted my landlord to get my deposit, and he asked me to mail him the keys (he was not in town to get keys when we moved out but he does have his own set). I mailed him the keys and he then sent an e-mail with a list of deductions to deposit, and then sent a check for the net amount a few weeks later. It is my understanding that because he did not send the deposit or claim within 21 days of me vacating the unit, he forfeited the right to make a claim against the deposit. Is this correct?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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The landlord must, within 21 days of the tenant delivering opssesion, return to the tenant: (1) an itemized statement of deductions, (2) with receipts, and (3) the remainder of the deposit. If the landlord does not do that within 21 days, then the landlord loses the ability to any deduction and must return the entire deposit to the tenant. The tenant can recover the security deposit, plus two times the security deposit as punitive damages for wrongfully withholding the security deposit.
Answered on Oct 10th, 2015 at 9:40 PM