Landlord Question and Answer Forum

Last week I mailed my prior tentant back her security deposit refund. I e-mailed her the itemized list and there were no disagreements on the deposit refund amount. I mailed a money order in regular mail. It's been a week and she still hasn't received the money order and she's only two cities over from mine. I contacted MoneyGram (the issuer of the money order) and they do not place stop payments on money orders. But, I can turn in a claim card to get a refund of my money order within 30 days, but it may take up to 65. Mean while, my prior tenant is depending on this money. I don't want to risk issuing another money order (which I would deliver in person) until I've received the refund, because if she gets the original refund, she would still be able to cash it if the claim hasn't been processed, essentially getting back double her deposit refund. I've tried to research what is the legal way to pursue this in California, but all I can find is the law that I need to refund her deposit within 21 day either in person or in the mail. I did comply with the 21 days, but can anyone help on how I can move forward? I thought about giving her half the deposit refund and when the refund of the money order goes through I can give her the other half, but if she gets the money order in the mail she'll still be able to cash it. Please help if anyone can! Thank you!

I would give it another 4-5 business days, then cancel the money order and give her a new one.

Posted by Gregory T, CA on Tuesday, June 14, 2011

Also, when you give her the new money order, have her sign an agreement that if she receives the previous money order she will deliver it back to you since you have provided a new one.

Posted by Eric D, NH on Saturday, June 18, 2011