Legal Question in Landlord & Tenant Law in California

I am disputing the amount that my landlord returned for my rental security deposit. I have sent a letter to my landlord asking for invoices and an itemized list of the deducted amount. Is it ok to cash the check that was sent to me? Does cashing it imply that I accept this amount for my deposit?

Asked on 9/04/14, 9:58 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

By law you are entitled to copies of receipts for expenditures made out of your security deposit for third parties and materials used for any claimed repair.

You can cash the check, but the law in California states two (2) different things. One states that cashing a check that states accord and satisfaction will satisfy the debt, while another line of authority states that it does not satisfy the debt. Look closely at the check. You are safe cashing it if it has no memo line or the line is blank, but approach with caution if it states something like payment in full or accord and satisfaction.

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Answered on 9/08/14, 9:12 am

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