what happens if landlord doesnt return deposit in 21 days
by Barton Lowe
Published 2 years ago
Updated 2 years ago
A landlord is supposed to return a security deposit or a list of deductions within 21 days after a lease ends or a new tenancy begins on the premises, whichever is first. If a landlord doesn't return the security deposit or a list of deductions within 21 days from that point, then the tenant can begin to take action against the landlord, but doesn't automatically get the whole amount back.
If a landlord does not return the entire amount of the tenant's security deposit within the 21 days required by law, and the tenant disputes the deductions from the deposit: The tenant can write a letter to the landlord explaining why he or she believes he or she is entitled to a larger refund.
Landlords typically must return security deposits at the end of a lease, minus the cost of specific repairs and cleaning. As with any legal issue, if you believe that your landlord is withholding or misusing your security deposit in bad faith, it is important to check your state's laws before taking action.
What happens if Landlord does not return security deposit?
Our Landlord Protection product can help you:
Get back your security deposits
Learn about your state's eviction laws and what protections apply in your case
Resolve disputes regarding repairs with your landlord
Resolve disputes with roommates by filing demand letters or going through small claims court
Break your lease early
How long does the landlord have to return my deposit?
Time Frame: Landlords are required to return the security deposit, or what’s left of it after deductions, within 14 days (excluding Saturdays, Sundays and legal holidays). Note, however, that the 14-day period only starts running when all of the three conditions below have happened:
Melissa Cari Marsh
California Civil Code Section 1950.5 governs security deposits in the state of California, but if your rental unit is under rent control you may have additional protections beyond those stated in this article.
California Civil Code Section 1950.5 (g) (2) requires all California landlords to return a...
Melissa Cari Marsh
California Civil Code Section 1950.5 governs security deposits in the state of California, but if your rental unit is under rent control you may have additional protections beyond those stated in this article.
California Civil Code Section 1950.5 only permits a landlord to use a tenant's...
Frances Miller Campbell
Dear tenant,
I published a legal guide on this very subject, that lays out exactly how to get your money back, and more...
Robin Mashal
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If you are confident 21 days has passed from your moving out and landlord sent you nothing, you can send a letter demading the balance of your deposit. If that fails, you sue your landlord.
10 hours ago
If you paid for a security deposit when moving into your rented house, you have the right to get it back at the end of your tenancy or after 21 days of moving out. Your landlord can only fail to return the security deposit or part of it within the legal period if damages are repaired or items to be replaced. You have the right to dispute the withholding of your security deposit through a …
30 hours ago
Tenants should also expect a timely return on their deposit —on average, this is about 30 days. This can be shorter or longer, depending on the state's rental codes or the timeframe specified in the lease. If your deposit is not returned by this date, you …
27 hours ago
In California, Landlord-Tenant law says that the landlord has 21 days after a tenant vacates to return the security deposit or give a full accounting to the tenant of why he kept that deposit. The landlord is subject to triple damages in small claims court if he doesn’t comply.
24 hours ago
· If the security deposit is not returned within 21 days, if the tenant disagrees with the amounts deducted, or if the tenant did not receive an itemization accompanied by receipts, the tenant should send a letter to the landlord via certified mail return receipt requested.
34 hours ago
· 3) If the landlord does not have receipts or estimates, within 21 days, the landlord can notify the tenant of such. If postmarked within 21 days, the landlord gets an extra 14 days to get the receipts/estimates to the tenant. 4) If the 21/35 day time frame elapses, then the landlord MUST return ALL of the deposit to the tenant.
23 hours ago
· Answer: The short answer is no. Security deposit procedures are covered in California Civil Code Section 1950.5, which is very explicit about the timing for a security deposit refund. Subsection ...
13 hours ago
· Landlords that don’t return a full deposit may have to give you an itemized list of how they’re using the money (e.g., to pay for a cleaning service, repair damages, etc.) or forfeit their right to the security deposit. Generally, you won’t be responsible for normal wear and tear on the property or the appliances.
8 hours ago
21 days is the law in California and the landlord is subject to sanctions. Not all landlords know the law. Going to court is a hassle and the outcome is uncertain, so the practical action is to contact the landlord, inform them of the 21-day deadline, and request that the funds be returned immediately, without deduction. Keep a log.
