late on returning deposit or not returened at all (rental, attorney)

[docstevan]

it has been 23 days from the resdince was vacated the land lord has not given any estimated damages as well as no deposit back what do i do

[jaijai]

doesn't he/she have 30 days?
do you have a rental agreement?

[Meowen]

i believe they have 14 days to respond

[oldtrader]

In California the deposit or statement of what was deducted and why has to be done within 21 days.

[stc888]

As oldtrader said, it's 21 days in California. At this point I'd suggest you do some quick internet research and write a certified letter to your landlord stating the specific laws requiring them to return your deposit within 21 days and asking them to do so immediately.

If that doesn't work, I know a pretty good attorney based in the Bay Area that helped me out on a similar case in the past. Within a day of receipt of the letter, my deposit and everything else that was owed to me was taken care of. If you want, send me a PM and I can give you their info, and link to their Yelp reviews.

[oldtrader]

If they have not sent you your deposit or the reason it was withheld, they can lose any claim to any of your deposit.

If it is a licensed management company, just notify you are going to make an official complaint to the licensing bureau involved and you will get fast action. They will not want you to do that.

If it is a private individual, send them a copy of the ordinance requiring it to be done within 21 days, and demand the entire amount within 72 hours or you are making a formal complaint to the district attorney. This should shake them up, as most people do not want to get involved with the government. More of a threat than anything.

Also you can tell them you are taking it small claims court, and getting a judgment filled against their property. If they fail to return your deposit as required by law, you will win the case..

[Heidi60]

When foreigners bought the duplex we lived in we decided it was time to buy our own place. Of course we waited the alloted time for the deposit but no response. So, when I went to the landlord's residence they acted like they don't speak English. It didn't take long for me to see through their game so I told them in English I was going to get the police and would be back in a few minutes. It was amazing how fast they learned English and wrote my check for the full amount!

Since they failed to provide you with the estimate within the legal time limit, they owe you a total refund so check out Nolo for examples of demand letters.

Best of luck to you.