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ex-landlord has not returned my deposit, after 31 days

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BryanSoto1

Junior Member
i live in San Diego, CA.


i moved out of where i was living on september 28th, of 2015. I went a couple days after moving out, to return the key and see about my deposit to my landlord's home. the landlord, (let's call her Lisa) was NOT there. Lisa's sister (or so she introduced herself as such) was present. for all sakes and purposes, let's call Lisa's sister: Mary.

So mary answered the door, and told me Lisa was NOT home. I explicitly told her that i wanted to return my keys, and asked for her to please have Lisa call me back. Lisa had/has my phone number, as well as my Girlfriend's number. She had two methods of communication, something that was also stated in the conversation Mary and i had. I left, and called her a few times after that without any Avail. I left her voicemails, and my girlfriend left her voicemails just as well. The deposit, although only $200, was not the most important thing for us in all honesty. We didn't like the landlord, as she had been quite a bad landlord in my time being her tenant. She threatened to put camera's multiple times, and left notes about how we had to wash our dishes, or how we needed to separate our trash, and also prohibited us from using the front door and whatnot. All in all, she was pretty intrusive and hassled me for the rent on the day of. As soon as rent day came, she called and left messages and left notes on my door, though i never once failed to pay her on time.

ANYWAYS.

yesterday, i went to Lisa's home. Her sister, Mary, once more opened the door. I told her i needed to know what was going on, as a month had already passed by without the deposit being returned, and/or any contact WHATSOEVER. I also stated that i still had the keys, and i needed to return them to her. Mary told me that Lisa had left on a trip, to the Philippines for family related business and did not state when she would be back, or when she had left. Considering that the first time i spoke to Mary, a month ago, she told me that Lisa was NOT HOME i'm assuming she left some time after my first visit.

to her telling me this, i reacted pretty angrily. I had not been notified of any of this, and it has been getting quite annoying that i have to be hunting them down for such a small amount of money. I told Mary that i was pretty upset. That Lisa ignoring my calls felt like she was stealing from me, as she was ducking out from my constant attempts at contacting her. Mary said that they assumed i was still living there, as i never returned the keys. I responded by reminder her about our last encounter, and EXPLICITLY told her that i was there to return the keys, but did not feel comfortable giving them to Mary as i did not know who she was or of Lisa was okay with me doing so. Though she introduced herself as Lisa's sister, Mary was a perfect stranger and Lisa NEVER told me that it was okay for me to give Mary the keys. So Mary kept on going on, telling me that i hadn't returned the keys so they figured i was still living there. Although the room has been completely empty two weeks before i even moved out. (my girlfriend and i have a place together, for over a month and a half. Something Lisa had been told, and was aware of.)

Basically, i'm pretty pissed off that Lisa was pretty punctual to hassle me for rent every morning on due day, but when it comes to giving me my deposit back she's nowhere to be found. and i find out she's not even in the country, and wasn't responsible enough to tell me about it.



I made some research, and by CA law 21 days is the maximum amount of time a landlord has to return the deposit after the tenant moves out. However, i'm encountering a bit of a dilemma. I read this online:

What is the deadline in California for returning a security deposit?
Under California law, a landlord must return the renter's security deposit, with an itemized statement of deductions, within 21 days after the renter has surrendered the rental property to the landlord (that is, returned the keys and vacated the property).


I did NOT return the keys, until yesterday. I gave them to Mary as i was pretty pissed off that this was going on. I DID vacate the property, and told Lisa about it multiple times.

Do you guys recommend i take lisa to small claims? Although i never gave Lisa the keys, I personally went to her home and told her sister about it. Additionally, i called Lisa multiple times to remind her about this. what are your guy's thoughts?
 



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