What to do if I haven’t received my security deposit 2 months after move out and I have asked my landlord but she keeps insisting that the check was sent out?
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What to do if I haven’t received my security deposit 2 months after move out and I have asked my landlord but she keeps insisting that the check was sent out?
Asked on November 19, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
First, if she claims to have sent the check some way it could be tracked (e.g. Fed Ex), ask her for the tracking number so you can check on it yourself. If she claims it was sent some other way, ask her to cancel/void the check and reissue you a new one (this one either sent some way it can be tracked or picked up personally by you).
If she won't do this, then you can sue her, possibly in small claims court, to get the money. Unless she can prove you received the check (not likely without tracking or if you did not cash it), she will likely be ordered to reissue you a check.
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