Vacaville, CA asked in Landlord - Tenant for California

Q: My landlord did not return my security deposit. They took over 90 days to overnight me a check. I gotit and it was only

My landlord did not return my security deposit.

They took over 90 days to overnight me a check. I gotit and it was only for $63. When I'm entitled to full amount after 21 days. I received the itemized list Dec 7th with the check. Up until now had no clue where or why my money was being held. They charged me for July rent when I already paid it and I sent them receipts signed by their employees. They garnished my deposit for rent that was in fact paid in full. I moved out July 31st 2023. At midnight.

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, landlords are required to return a tenant's security deposit within 21 days of the tenant vacating the rental unit. If the landlord fails to do so, they may be liable for penalties, including the full return of the security deposit. In your case, the landlord exceeded the 21-day limit by over 90 days, which constitutes a violation of California's security deposit laws. Additionally, deducting rent from the security deposit for a month in which you had already paid rent and provided proof of payment is likely unjustified and unlawful.

You have legal recourse to pursue the return of your full security deposit, as well as any penalties or damages resulting from the landlord's failure to comply with California's security deposit laws. Consider consulting with an attorney who specializes in landlord-tenant disputes to discuss your options and develop a strategy for recovering your funds. Your attorney can help you understand your rights under California law and advocate on your behalf to seek the return of the wrongfully withheld portion of your security deposit and any additional damages you may be entitled to. Taking prompt legal action can help you resolve this matter and obtain the compensation you deserve.

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