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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption