Landlord Question and Answer Forum

landlord not returning security deposit

have a landlord that bought a property several years after a tenant had lived in the building for 5 years prior. the problem here is she has moved house was spotless and the landlord is holding deposit due to the fact he is not sure it was put on escrow papers when he bought the property. it has been 21 day's and he has still not returned deposit. what are my options in getting the deposit owed.

I'm assuming that the tenant did not receive any of the sec.deposit from old LL. Given that, if the selling LL fails to either return the tenants' security deposits to the tenants or transfer them to the new owner, both the new LL and the selling LL are legally responsible to the tenants for the security deposits. If the selling LL and the security deposits can't be found, the new LL must refund all security deposits (after any proper deductions) when tenants move out. Also, the new LL can't charge a new security deposit to current tenants simply to make up for security deposits that the new LL failed to obtain from the selling LL. If the LL doesn't provide a full refund and/or a statement of deductions by the end of the 21-day period as required by law, the LL loses the right to keep ANY of the security deposit and must return. Send LL a certified/return receipt letter demanding a full refund immediately. If LL doesn't, take LL to Small Claims Court. Keep us posted. Thanks

Posted by Stan M, CA on Saturday, February 20, 2010

thank's alot, your advice will most certainly help and it made my day. i'll keep you posted on what happens. today i am demanding the money back in full. thank a million. christina w.

Posted by christina w, CA on Sunday, February 21, 2010