How to Request a Refund of Your Security Deposit in California

Question from Martin, How to Request a Refund of Your Security Deposit in California

Answer from AI:

If you have not received your security deposit back within 21 days after moving out of a rental property in California, you have the right to request a refund. California law, specifically California Civil Code Section 1950.5, outlines the rules landlords must follow regarding security deposits.

Understanding Your Rights Under California Law

According to California Civil Code Section 1950.5:

• Landlords must return the security deposit within 21 days after the tenant moves out.
• If any deductions are made, the landlord must provide an itemized statement of the deductions along with any remaining balance of the deposit.
• Permissible deductions include unpaid rent, repair of damages beyond normal wear and tear, and cleaning to return the unit to the same level of cleanliness it was in at the start of the tenancy.

If your landlord has not returned your deposit or provided an itemized statement within this timeframe, you can take steps to request your deposit formally.

Steps to Request Your Security Deposit

1. Write a Request Letter: Draft a formal letter requesting the return of your security deposit. Include specific references to California Civil Code Section 1950.5.
2. Send the Letter: Send the letter via certified mail with a return receipt requested. This provides proof that the landlord received your request.
3. Keep Records: Maintain copies of all correspondence and receipts related to your request.
4. Consider Legal Action: If the landlord does not respond or refuses to return the deposit, you may need to consider small claims court. In California, you can sue for up to $10,000 in small claims court.

Sample Request Letter

Here is a sample letter you can use to request the return of your security deposit:

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]

[Landlord's Name]
[Landlord's Address]
[City, State, ZIP Code]

Re: Request for Return of Security Deposit

Dear [Landlord's Name],

I am writing to request the return of my security deposit in the amount of $[Deposit Amount], which I paid on [Date of Payment] for the rental property located at [Rental Property Address]. According to California Civil Code Section 1950.5, you are required to return the security deposit within 21 days after the tenant vacates the property.

I vacated the property on [Move-Out Date], and it has now been more than 21 days without receiving my deposit or an itemized statement of deductions. Please return my full security deposit immediately. If there are any deductions, please provide an itemized statement as required by law.

If I do not receive my deposit or an itemized statement within [reasonable timeframe, e.g., 7 days], I will have no choice but to consider further action, including filing a claim in small claims court.

Thank you for your prompt attention to this matter.

Sincerely,

[Your Name]

When to Seek Legal Advice

If you do not receive a response from your landlord or if you encounter any complications, it may be necessary to seek legal advice. Consulting with a legal professional can provide you with personalized guidance and help you understand your options.

For more information on California’s security deposit laws, you can refer to the [California Department of Consumer Affairs](https://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml).

Remember, while this information provides a general overview, it is always best to consult with a legal professional for advice tailored to your specific situation.