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?
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.
Justia disclaimers below, incorporated herein.
Manuel Alzamora Juarez agrees with this answer
1 user found this answer helpful
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.