North Miami Beach, FL asked in Landlord - Tenant for California

Q: My landlord is saying it will take up to 60 days to receive the refund of my security deposit due to COVID?

Wondering if this is something that is actually happening due to the pandemic or if they are just being sketchy about returning my security deposit and if I should continue to push for them to return it within the 21 days typically required by California state law?

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: IN my understanding, COVID has not affected the operation of the banks. If they don't return it within 21 days, they may be responsible for double the amount of the deposit. Bad faith retention. Check the Civil Code about section 1940 and following, and the Code of Civil Procedure, could be 1962 or thereabouts. Small claims handles these cases all the time. File on the 22 day. This is BS.

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Manuel Alzamora Juarez agrees with this answer

1 user found this answer helpful

Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: IT IS A LITTLE TOO LONG BUT YOU CAN WRITE AND TELL HIM THAT HE WOULD BE ION VIOLATION OF CALIFORNIA LAW, BUT IF HE PROMISES TO RETURN YOUR ENTIRE DEPOSIT WITHOUT ANY DEDUCTIONS, YOU WILL ALLOW HIM THE TIME. IF HE DOES NOT AGREE AND DOES NOT RETURN YOUR DEPOSIT, SUE HIM ON SMALL CLAIMS COURT. BEST OF LUCK.

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