Landlord did not provide written notice for initial inspection and claims security deposit was lost in the mail.

Question

By law they are supposed to provide notice of my right to an initial inspection so we have the opportunity to repair any items and not have her security deposit docked. This was not performed.  
 
It is now 26 days since I've moved out and have contacted the landlord to see where my security deposit is. They are claiming outrageous damages that don't exist and they supposedly mailed the check on the 20th day and it must be "lost in the mail". I've notified them that I am aware of my rights and ask for a tracking number of the previous check. What recourse do I have at this point before taking them to small claims?

James L. Arrasmith · Answer

In California, the landlord is required to give you the opportunity for an initial inspection before you move out. Since they didn’t provide this notice, you may have grounds to dispute any deductions they claim from your security deposit. You can inform them that failure to provide this notice is a violation of your tenant rights, which weakens their claim for damages. 
 
Regarding the security deposit, California law requires landlords to return it within 21 days after you vacate. If they claim it was mailed but can’t provide proof, like a tracking number, they may be in violation of this deadline. The claim of "lost in the mail" without evidence may not hold up if the matter goes to small claims court. 
 
At this point, you can send a demand letter outlining the landlord's violations and request the return of your deposit. Mention that you are prepared to take legal action if necessary. This can often prompt a quicker resolution before you pursue small claims.

Q: Landlord did not provide written notice for initial inspection and claims security deposit was lost in the mail.