What will you need in order to obtain the security deposit from your Landlord or Roommate?

Important! That your roommate or Landlord has at least two current forwarding addresses to mail your security deposit. Many mistakes have been made that the security deposit has been mailed to an expired address.

What form will I need?

You only need one form. The form is the one of the example forms that follows these instructions. (Found at the end within this packet.)

Who can use this form letter?

If you: Moved out less than 21 days ago (includes roommates)

OR

Moved out more than 21 days ago (includes roommates)

AND

The landlord did not give any part of your security deposit back (designated roommate to receive and distribute security deposit) or gave you less than you think you deserve;

OR

The landlord did not give you the list of deductions (charges) made from your security deposit, or you disagree with the list of deductions the landlord gave you.

The plan to make with the designated roommate that is responsible to distribute security deposit is to provide copies of the list of deductions, receipts made from the security deposit.

When should I send the letter?

Under California law, 21 calendar days or less after you move, your landlord must either:

Send you a full refund of your security deposit, or Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.

Keep a copy of your letter. All roommates in the household should have a copy of the letter. It’s a good idea to send the letter to the landlord or agent by certified mail and to request a return receipt to prove that the landlord or agent received the letter. Or, you can deliver the letter personally and ask the landlord or agent to acknowledge receipt by signing and dating your copy of the letter.

How do I use the form letter?

1. Complete the form letter and sign it.

Check the boxes that are right for your situation.

Make sure all of the blanks on the form letter that apply to you are filled in completely.

Sign the form letter on the bank that says “(sign your name)”.

2. Make a copy.

Make one copy of the completed letter for yourself and roommates in case any of you need to go to small claims.

3. Deliver the letter.

TWO options:

Hand deliver to the landlord.

If you choose this option you must either

(1) Actually, hand the letter to the landlord in person.

(2) Leave it at the landlord’s place of business, but only if the landlord made the rental agreement through that business.

(3)It is a good idea to bring two copies of the letter.

If possible, ask the landlord to sign and date one copy of the letter as “received.”

Bring someone with you when you hand-deliver the letter to the landlord in case the landlord will not sign and date. The person you bring may be willing to testify in small claims court later if the landlord denies receiving the letter.

OR

Mail the letter to the landlord.

(1) It is a good idea to mail the letter by first-class mail with a Certificate of Mailing.

(2) Keep the Certificate of Mailing receipt. That is your proof that you sent the letter. With a certificate of mailing, the landlord will not have to sign anything to get your letter. The landlord cannot refuse delivery.

Security Deposit:

A landlord can use a tenant’s security deposit for four purposes:

• Unpaid rent, cleaning when the tenant moves out, repair for damages other than normal wear and tear, and in the lease or rental agreement allows it for the cost of restoring or replacing furniture, furnishings or other items of personal property like keys.
• Under CA law, 21 days or less after you move, your landlord must either.

— Send a full refund, or mail or personally deliver an itemized statement that lists the amounts of any deductions from the security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.

— Under CA Civil Code 1950.3 you are entitled to receive receipts for any deductions that exceed $125.