Security Depost past 21 Days - CA

[tipopilota]

I recently moved out of a house I lived in for 2 years and the landlord did not send me my security deposit refund until 23 days after I moved out (2 days past the 21 day rule). Also he is charging me for items I should not be charged for such as cleaning the carpet (I personally cleaned it when I moved out) but he states that he wanted it cleaner (white carpet and had normal foot traffic patterns plus the carpet is 5 years old). Also $50 to replace an air filter, and $50 to replace 6 florescent bulbs under the kitchen counter. He tried telling me on the 21st day that he was exercising his extra 14 days cuz he was waiting on a utility bill that we never paid for in the first place. I am wondering what recourse do I have since he did not send me my refund till after the 21 days had passed?

Thank you

 

[Gail_in_Georgia]

Keep in mind that this 21 day requirement involves when the security deposit was sent, not when it was received.

Did he send receipts for the carpet cleaning, the air filter and light bulbs as are required by your state (unless the total cost was under $126 or you waived your right for these)? Sounds like he did send you an itemized statement; however, $50 for an air filter seems like quite a bit (unless it was a specialty item).

The following describes your recourse if you disagree with what he kept:

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

Gail

 

[tipopilota]

No the security deposit was sent after the 21 days had passed. It was post marked exactly on the 23rd day.

 

[Gail_in_Georgia]

Then, if you wish, you can write the landlord disputing all charges and "demanding" that the entire security deposit be returned based on their failure to do so within the 21 day requirement. Specify a certain date (say, a week after the landlord receives the letter) for the entire deposit to be returned to you.

Often it is useful to cite the specific statute in your letter.

If they refuse (or a compromise cannot be worked out) your next step is to consider whether it is worth it to file a lawsuit against the landlord.

Gail