Request for return of security deposit form, Lanlord or renter Law isn’t among my general regions of practice, but just like every attorney, I’ve friends who often ask my advice about legal issues with which they’re faced. Recently, a friend asked for my help in corresponding with her former landlord seeing fees taken out of her rental security deposit she felt were unwarranted.
As landlord/tenant problems are among the most frequent legal questions I receive from friends, I’d like to talk about rights and responsibilities concerning security deposits in this informative article. In the end I will incorporate a sample letter you can send to a landlord for return of your deposit. Please note all information in this post is specific to California law. The laws of your state or jurisdiction may differ. Many states provide renter’s handbooks that would consist of important laws, or you need to contact a lawyer licensed in your jurisdiction for aid.
A landlord has 28 days to enroll a deposit with a custodial or insurance type strategy. Information regarding the registration of the deposit must be provided to the tenant. Under the Housing Act there is a prescribed format for information to be provided. The landlord can be taken to court by the tenant in which the information has not been provided in the correct format. Tenants have the right to go back six years prior to taking action against the landlord.
Where the landlord fails to register the bond you will find hefty penalties. The landlord can be required to cover the tenant a sum three times more than the deposit; or they may be required to pay back all lease plus a penalty or the landlord could lose the right to evict the tenant from the property the choice on the fee is taken by the court. Some landlords say they don’t take deposits that they just ask the tenant to pay two weeks rent beforehand. If the tenant pays rent monthly and the landlord always has a float of one month’s lease this is just like taking a deposit along with the rules concerning failure to register a deposit will apply.
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