Legal Question in Landlord & Tenant Law in California

Tenant/ Getting back security deposit / Left USA

Hello!

I am from Denmark and lived in California for about a year and a half. Last November (2013), I moved back to Europe. My landlord who was a rather old man gave me a hard time about the security deposit. I tried to explain to him that I did not have a forwarding address as I did not know where I was going. He refused to assist in any sort of way, by e.g. releasing the deposit early to me in person, transferring it to my US bank account etc. Instead he suggested that I leave him my mother's address and he would send the security deposit in a chech to her.

Upon leaving the apartment (and the US) I returned the keys and with them a note and (self-made) power of attorney to my neighbour, where I clearly instructed and authorized him to receive the security deposit. 1,5 months later and we haven't heard anything. I called my landlord today and again he wasn't very forthcoming. He said that I didn't leave him with a forwarding address, I replied, that I left him with a power of attorney with my neighbours address, to which he said, that he didn't have any business with him.

I asked him what he did with the deposit, he replied and said that he believed he sent it to the address where I used to leave (i.e. the apartment that he owns, which I left from). When I told that I obviously didn't get it, since I don't leave there anymore, he didn't leave have anything else to say. His only reply was that they did everything by the book.

I am supposed to call him later next week, but I suspect that he wont pick up the phone. What should I do?


Asked on 1/11/14, 4:11 pm

1 Answer from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Assign the ownership of the security deposit to your neighbor and have him sue your landlord in the small claims court.

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Answered on 1/12/14, 12:05 am


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