Dad died 9/4/24. Landlord paid $200 of $1000 deposit saying he's cleaning, no itemization. Over 35 days does he owe all?

Question

Landlord supposeldy paid $200 to a state worker, who was already being paid by the state, to clean my dad's place depaioutr request to clean it ourselves, and $200 to me out of $1000 deposit (which was mot a cleaning deposit), but no explanation for the balance and kept all paperwork. Father also paid September rent in full but passed the 4th, am I owed any of that?  Does the landlord now owe the balance in full for failing to provide a timely itemized list of deductions with receipts  being the amount is more than $125?  Thank you for your time and help.

James L. Arrasmith · Answer

I'm sorry for your loss. In California, your landlord is required to provide an itemized statement of any deductions from the security deposit within 21 days of the tenant's departure. Since your father passed away on September 4 and the landlord took more than 35 days without proper itemization, they may be obligated to return the full deposit. 
 
Additionally, if your father paid September rent but passed away on the 4th, the landlord should refund the unused portion of that rent. The lack of clear communication and withholding of funds without proper documentation strengthens your case. 
 
You might consider filing a claim in small claims court to recover the owed amount. Gather any available documentation, such as the lease agreement and proof of the deposit, to support your case. This approach can help ensure that your father's rights are respected and that any unjust deductions are addressed.

Q: Dad died 9/4/24. Landlord paid $200 of $1000 deposit saying he's cleaning, no itemization. Over 35 days does he owe all?