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Landlord not returning security deposit...?

I previously rented a property in Riverside County (California) for 3 years. I was a great tenant who always paid my rent on time and took care of the property (this according to the property manager). I gave my Property Manager a 37-day notice that I would be moving. A final walk-through was completed the day after I left and I was immediately notified that a minimal amount of money will be deducted from my deposit for carpet and other miscellaneous cleaning.

I has been 29 days since I moved out and I have not received any money (or list of repairs, etc.) owed to me. I have been in contact with the property manager who said that he would call the property owner, because she is the one who must mail the check. That was a week ago and I have not heard anything from anyone. I am preparing to send a demand letter in two days, but who do I send it to? Property Manager or Landlord? (I don't have the landlord's contact info). Also, in researching this matter, I've read that if the security deposit isn't returned within 21 days, I am owed the full amount. Is this true? Also, am I entitled to my "non-refundable" pet deposit, since that money isn't being used for anything, and in California ALL security deposits should be returned whether they're refundable or not? Any advise would be appreciated. Thanks!

Update:

It's a little confusing...but under California law, even if the rental agreement says "non-refundable" it is still refundable. Apparently, in California it is illegal to keep any unused deposit. My last landlord did return my full deposit, including pet.

Update 2:

Yes, per my rental agreement, a 30-day notice to vacate is required by the tenant. I gave a 37-day notice. I guess this varies by state.

7 Answers

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  • 8 years ago
    Favourite answer

    Sounds like you know exactly what you are doing. You probably don't need much advice here.

    1. You are correct. There is no such thing as a "non-refundable" deposit in California. If a payment is designated as "deposit," then it is refundable by law. This is clear in Civil Code 1950.5(b) and 1950.5(m). ("Landlord" has provided an all-too-common wrong answer on this.)

    2. Not sure about the 60 day notice that someone else mentioned. My understanding is that the 60 days applies when the landlord gives notice to the tenant, not when the tenant gives notice to the landlord. But either way it is irrelevant. The manager accepted your 37 day notice, so he waived any right he may have had to a 60 day notice.

    3. Ask the property manager for landlord's address, and send a letter to both the manager and the landlord. Be sure to put in the letter that if you do not receive your deposit by such and such a date, then you WILL file a small claims action, and in your small claims action you will be demanding treble damages per Civil Code 1950.5(l). [That's a letter L, not a 1]

    4. If after sending the demand letter you still don't get your deposit, then sue in small claims court. Small claims court is simple, and effective. Sue the landlord. If property manger refuses to give you the landlord's information, then sue the property manager. Property manager cannot claim he is acting as an agent of the landlord if he refuses to identify the landlord.

  • Kini
    Lv 7
    8 years ago

    California law now requires 60 days notice if you have been in a place for over a year but apparently landlord does not know that either.

    Usually a cleaning deposit is separate from security and is always non refundable.

    A pet deposit is also not refundable. Whether there is damage or not is irrelevant.

    In California they have 21 days to refund the deposit unless they are deducting for damages. In that case they have to send a letter giving you a breakdown of the charges. You are not entitled to the entire deposit.

    No, if a deposit does not state it is refundable, then it is not. It is not illegal to keep your deposit if they can account for the deductions to you in writing.

    You dont send a demand letter as that does nothing unless you are a lawyer. You have to go to Small Claims court with this.

    In case I am wrong on these points, here is the web page from Calif landlord-tenant law on security deposits.

  • 8 years ago

    You are wrong about non-refundable deposits being refundable. Animal deposits are not as they cover additional wear and tear, not damage. Damage is separate.

    If you can prove the property manager knew your new address you may win the 21 day rule though, normally it is not won because it requires an address and it is also hard to prove t was not mailed.

    You serve the property manager, not the owner. Your landlord is the manager

  • 8 years ago

    to know what's true and what isn't you can call an attorney that does landlord-tenant law and either ask him or his paralegal what's the law on this or that....or you can go to the law library look up for your state what the laws are on landlord-tenant and read it or copy it for yourself.

    If there is a non-refundable pet deposit whether your pet did something or not you still don't get it back, it's "non-refundable". Again, ask that paralegal.

  • 8 years ago

    If a contract states 'non-refundable' then that means non-refundable and the owner does NOT have to refund anything.

  • Frank
    Lv 7
    8 years ago

    small claims court.

    A non-refundable deposit is not refundable.

  • 8 years ago

    Not sure about California, but in most places it is 45 days.

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