Late return of security deposit?

[christina2964]

I lived in an apartment in San Jose, CA for 5 years and 3 months. When I moved in per my rental agreement it was stated that refund of security deposit was to happen in 21 days after owner regains possession of the premises. I received payment 58 days after turning over the keys. During the move-out walk through it was noted that the carpets would need to be cleaned and that was the only deduction noted. At that time I agreed to a quoted amount with the property manager. When I received payment from the land-lord the carpet cleaning was for a lesser amount and additional deductions (paint & change of door knob) were made. (It was noted during my move-in inspection that the walls had stains and holes had been filled in.)

In the letter I'm writing to the land-lord am I correct in stating that due to exceeding 21 days from when I turned over my keys I'm due the entire security deposit amount. Am I able to receive any penalties at this time or is that in small claims court?

Also, what is the normal wear and tear life expectancy of a rental apartments carpet?

[Brezofleur]

I'm also from SJ

You are correct that, under CA tenant and LL Law, the LL has 21 days to refund your deposit, including all receipts from business who did the work and or/hours recorded that the LL/LL employees did the work.

Because the LL failed to refund your deposit within 21 days, you are actually due your entire refund. You must call AND write (with Proof of Delivery) your LL with the remaining amount.

Type in CA Tenant and LL laws and print out the copy in the handbook where it states this, sending it along with your letter.

[bentlebee]

In Florida the LL has 15 days unless the LL wants to deduct an amount which makes it than 30 days...

We have to sent out a letter with the deductions and if there are deductions we will specify them...than the tenant has 15 days to reply/object....which can cause a delay in the amount of days if the tenant is waiting a long time to reply.

[Lacerta]

Originally Posted by christina2964

I lived in an apartment in San Jose, CA for 5 years and 3 months. When I moved in per my rental agreement it was stated that refund of security deposit was to happen in 21 days after owner regains possession of the premises. I received payment 58 days after turning over the keys. During the move-out walk through it was noted that the carpets would need to be cleaned and that was the only deduction noted. At that time I agreed to a quoted amount with the property manager. When I received payment from the land-lord the carpet cleaning was for a lesser amount and additional deductions (paint & change of door knob) were made. (It was noted during my move-in inspection that the walls had stains and holes had been filled in.)

In the letter I'm writing to the land-lord am I correct in stating that due to exceeding 21 days from when I turned over my keys I'm due the entire security deposit amount. Am I able to receive any penalties at this time or is that in small claims court?

Also, what is the normal wear and tear life expectancy of a rental apartments carpet?

Normally, it is x days from either when you return keys or when your lease ends, whichever is later, so the only question I have is, Did you move out early? If not, then 58 days is totally unacceptable.

Carpets life expectancy varies on quality of carpet. 5 years, 7 years, and 10 years are all reasonable depending on the circumstances.

[christina2964]

Thank you for your help.

I do not have the landlords phone number, only the property manager. Should I call the property manager or is it OK just to have sent the letter?

[davecj]

You other states are brutal. We have 45 in MD to return the deposit.

[christina2964]

One other item, should I cash the check I received or is it best to wait for the landlords reply?