Security Deposit (renters, landlords, inspection)

[angeleno24]

21 days has past from the contract ends / my vacancy.
Do I have right to get my security deposit in full?
Landlord has no more right to deduct any costs?
They mentioned verbally when I moved out at inspection that there are some cost incurred such as cleaning and repair and let you know within 21 days. but I have not heard anything from them so far. Should I contact with them and asked them to send my deposit in full since they lost right to take money out from my deposit. Is it how the law works?
Please advise me before I contact with them.

[smokingGun]

Give them a call and tell them you're coming down to their office to pickup the balance owed to you on your deposit, so they better have a check ready. I really hate management companies that jerk renters around.

[CALGUY]

The law states that landlords have twenty one days to return a security deposit.
It does NOT state that you MUST receive it in twenty one days, only that the landlord has twenty one days to return it.
The landlord is within his or her rights to mail it on the twenty first of the month.
The smart landlord sends it certified or registered so that a record of the mailing, and receipt of the mail is recorded.
Give it a couple of days before jumping to conclusions.
If you don't receive it by saturday, you have the legal right to take the landlord to court and sue for twice the amount of the security deposit.
Bob.

[angeleno24]

thank you for the advice. I had been purposely waiting for this 21 days so that they can not claim any amount from my deposit. what if they send me deposit back later time (e.g. 26 days - of course I will check by postmark when it was sent) deducting some expense from my deposit, do i have right to say "too late for you to do so and I have full right to get full amount back"? my feeling is if I call them, they will send me a check right away deducting some expesnes. but that is not what I want. I want full amount back cuz deadline is past.... please advise me.

[CALGUY]

As I said above, the deposit must have a postmark no later than 21 days from the date you vacated.
If you don't receive it by tomorrow, you have a case to take into small claims court.
You can recover twice the amount of the security if you can prove it was nor returned in a timely manner.
If it goes to court, the landlord, even though they may have to pay double, can still petition the court for damages to be awarded from the amount you would receive, if you damaged the property.
From what I see of your case, you are trying to recover the full amount because you feel you did not receive the return of your deposit in a timely manner.
It doesn't work that way.
It will be up to you to petition the court for the return of the security if you don't receive it by tomorrow, but you need to understand the court will take into consideration any damages the landlord can prove were caused by you, plus an amount for cleaning can also be deducted from any amount you receive.
As for calling them, it would be a waste of time.
They would more than likel;y tell you the check is in the mail.
Bob.

[CALGUY]

Ang, one thing I forgot to mention.
If you receive the return of the deposit, and deductions were taken for damages and cleaning, the landlord has to furnish a written report of exactly what was used out of the deposit, and what it was used for.
Now this is important, if you endorse that check, "case closed".
You will have no recource to collect any further monies if you sign and deposit, or cash that check.
Your signature on that check validates that you have setteled the matter to your satisfaction.
Bob.

[angeleno24]

Thank you for your advise. I will call the landlord on monday and just simply ask them for the check.

[angeleno24]

Hi All,

I have called the landlord / Property Manager if they sent me a refund check. they said it should be out. (very unclear answer) it is more than 30 days now. I have sent them a letter asking for the deposit back but no reply. Before I filed a claim at the small court, I am thinking to claim to Better Business Bureau as first step. This would be easier and no cost. If I don't get refund after claiming to BBB, I would go to small claim court as 2nd step. this way, I have an evidence that I addressed them for refund via BBB. What do you think?
Please give me your advise.

thank you.