CanI still get my security deposit even after being evicted?

UPDATED: Jul 30, 2011

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CanI still get my security deposit even after being evicted?

I was given a 3 day notice to vacate the property; I moved out at the end of the third day. I never notified the landlord of my new address. I went to talk to her a couple of days ago and she said I have to pay for papers she filed with her attorney. However the eviction was never executed as I had already moved out of the property.

Asked on July 30, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You ned to read the written lease you had in effect between you and your former landlord assuming you had a written lease in that its terms control the obligations that you and the landlord owed each other concerning the lease, including evictions, unpaid rent and the return of the security deposit that you want back.

If there is no written lease, then in most states, you are entitled for the return of your security deposit after a certain amount of time after vacating the property, usually 21 days or so, If you do not receive the full deposit back in that time, the landlord is required to send you a letter with notice of what is being deducted from your deposit, the reasons for the deduction, and receipts showing what was deducted.

I wouls write the landlord a letter asking for the deposit back by a certain date. If you do not receive a response in the requested time, you might consider consulting with the local landlord-tenant clinic about your options which includes a small claims action against the landlord.

Good luck.



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