Landlord lied about sending security deposit (Los Angeles: real estate, apartments, lease)

[furious]

Our lease was up on may 31 and since then we have been trying to get our security deposit. The place was left in great shape and there was no damage. He says he will be sending it to us but just hasn't. He claimed he was out of the country, then busy, then said his accountant sent it. Mostly he doesn't return calls. Doesn't he have a legal obligation to return it within a reasonable amount of time? What do I do next?

[Paula Lynn]

21 days after you turn in your keys. Next step is Small Claims. You will receive all your deposit, since he didn't send an itemization to you with the 21 days - you can also ask for punitive damages. Go for it! (And I'm speaking as a manager) - we are highly educated knowing the security deposit deadline. Good luck.

[Ultrarunner]

Open and shut case based on what you said.

California law is very specific and the owner, for whatever reason, did not follow it.

I believe you will have your deposit returned in full as soon as the owner is served...

[JanaD]

Unless you know an attorney who can write a letter for you, do as Paula said. She is exactly right.

[PattyT]

What if I can't locate the landlord because he was offsite and never disclosed his address?

[lalagonegaga]

Find out through the county record who actually owns the property. You're suing the owners (management company) not the landlord. He is inconsequential as far as recovering your money. It's the owners.

[Paula Lynn]

Originally Posted by lalagonegaga

Find out through the county record who actually owns the property. You're suing the owners (management company) not the landlord. He is inconsequential as far as recovering your money. It's the owners.

Management Companies do not hold your security deposit. The deposit goes to the Owner. Do a title search - do you know anyone in Real Estate? It's a free service. Also, ownership is public record.

[lalagonegaga]

In many cases the management company is the owner, just using a different name. It's been the case the last 3 apartments I've lived in and I know it's not uncommon. I was suggesting that she go through the county records to find out the name of the owners and sue them but understand that sometimes they are the same entity using a d.b.a.

She can also sue the management co. (if there is a difference) seperately for fraud.

[greggd]

County records is the way to go. They will show a mailing address although it may be a po box. Sounds like the daughter may be the one you need to speak to and confront about this.

[Faye10]

Hi everyone, 13 years after this thread was open, here I am with the exact SAME problem. Hopefully someone can still give some advice.

We live in Los Angeles area too and had a landlord that never cared of his property/tenants.
We officially moved out the apartment on February 29th with a 30 days email written notice ( I have an email tracker and I'm sure it was read but anyway..)

We contacted multiple times our landlord after the 21 days period. First time he said he was out of town, second that he would mail the check the coming week, third that the check was mailed on Thursday 9 ( April ). Today is April 16 and still no sign of any refund.

I'm pretty sure I won't be getting anything ever and that he's just buying time. I'm thinking on getting ready to sue him. I waited almost 2 months for this money and have already a demand letter to mail him via certified mail. My second step would be filing a small claim, my problem is I don's have any pictures! I left the apartment clean and in excellent conditions, repaired all the small holes on the walls. When his collegue/friend picked up the keys I audio recorded him while he was taking a look around. His comment was that the apartment was clean and that maybe only touch up paint was needed, nothing more. I then found out that recording someone else without him knowing is illegal, so my only proof that the place is in good conditions is gone.

I also know how important the checklist is for the landlords too and he never gave us one to sign. So he shouldn't have any proofs either.

With this COVID-19 thing going on the courthouse process will be even slower...

Any advice?