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Question about California lease law and security deposit

Discussion in 'Off-Topic Discussion' started by drjohnson36, Jul 15, 2011.

  1. Jul 15, 2011 at 6:25 PM
    #1
    drjohnson36

    drjohnson36 [OP] Well-Known Member

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    I moved out of my old place on June 22nd of this year. As of yet, neither I or any of my housemates received our security deposit, or any invoice of the anticipated deductions from it. California law (civil code 1950.5, CA dept of consumer affairs), and our lease agreement states that the landlord shall provide us either a full refund of the deposit, or an invoice of the anticipated deductions within 21 calendar days (it's been 23).

    I have 2 questions. Does this entitle us to an immediate full refund of the deposit? And how long should we wait to take this guy to court? Thanks in advance.
     
  2. Jul 16, 2011 at 9:18 AM
    #2
    drjohnson36

    drjohnson36 [OP] Well-Known Member

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  3. Jul 16, 2011 at 9:22 AM
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    Brunes

    Brunes abides.

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    Might be a dumb question-but have you talked to the landlord?? I would imagine that it would be more pain in the ass then to go to court if he is just behind or lazy-so talk to him then decide what to do
     
  4. Jul 16, 2011 at 10:14 AM
    #4
    drjohnson36

    drjohnson36 [OP] Well-Known Member

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    Yes we spoke approximately one week ago over the phone. He did not give us a time frame of when we would receive our deposit. He also gave a verbal estimate of damages over the phone; however CCC 1950.5 states that any such estimate must be in writing. We have not successfully been able to contact him since then.

    My question now is, since the 21 day deadline has passed, are we now entitled to receive the security deposit back in it's entirety? Entirety meaning no deductions.
     
  5. Jul 19, 2011 at 1:06 PM
    #5
    drjohnson36

    drjohnson36 [OP] Well-Known Member

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    bump... anyone?
     
  6. Jul 19, 2011 at 1:10 PM
    #6
    Pugga

    Pugga Pasti-Dip Free 1983 - 2015... It was a good run

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    I'm not a lawyer but I would guess no it does not automatically entitle you to your full refund. If he finally does come out with a bill, you could try to argue it in court that he did not get you a written bill within 21 days but you'd easily spend more money fighting it than it's worth. Small claims court isn't fun and should be a last resort. Keep contacting him, be a pain in the rear to him until he finally gives you back the security deposit.
     
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