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CA security deposit law
Anonymous2 views2 answers
I moved, out of my house on the 17th of August. I,owed some rent and left some "garbagr behind". I know that the majority if not all my security deposit was used to cover this. But have yet to get anthing from my landlord. no itemized sheet. Nothing saying they are keeping the deposit partially or otherwise. And they will not return my calls. Im fully aware that I probably wasnt going to get anything back but didn't Ca law say they have to send me something? Plus what if I owe them money? Can they put it on my credit without ever giving me the option of paying them?
Yes, your impression is correct. Under California Civil Code section 1950.5, within 21 calendar days after a tenant moves out, the landlord must either send a full refund of the security deposit, or mail or personally deliver to the tenant an itemized statement that lists the amounts of any deductions from the security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.
According to the California Supreme Court decision in the case of Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745, after the 21 days have transpired, the landlord loses the right to keep any of the security deposit and must return the entire deposit to the tenant.
A tenant who does not receive a return of the security deposit from the landlord will often need to sue the landlord in small claims court to get the security deposit back. However, the risk is that the landlord will likely countersue the tenant for damages above and beyond what the security deposit covered. Therefore, the risk of your bringing a lawsuit is that the landlord can sue you for unpaid rent and any damages not covered by the security deposit.
Generally speaking, a landlord must have a favorable judgment in order to affect your credit score.
Frank is absolutely right on this one. Let the sleeping dog lay. Sure, you can sue for the return of your security deposit if you haven't received an accounting within 21 days. Yes, the landlord is technically required to return it to you but, he is also entitled to use the deposit as an offset should you elect to sue him and, as Frank has pointed out, can then turn around and sue you for additional damages, unpaid rent.
