Legal Question in Real Estate Law in California
Security Deposits and Management Companies
Who is responsible for returning the security deposit? The rental management company or the owner? The management company agrees that I am to recieve my security deposit back, the owner is now disagreeing with the managment company. The management company says I must wait for the owner to send them the money and then they will send it to me. My rental contract is with the Management company not the owner. Who would I sue for my deposit? The owner or the management company who according to my move out report, I am due my security deposit.
2 Answers from Attorneys
Re: Security Deposits and Management Companies
The owner is liable for the conduct of the management company, and is therefore must return the security deposit to you. If they have not returned the security deposit within 14 days you can sue in small claims court.
Re: Security Deposits and Management Companies
I would advise that if you go to small claims court to sue for return of your security deposit (which by law must be returned within 21 days of the date you vacate), you name the owner and management company separately as defendants, and serve each of them. If the management company signed the lease, and received the deposit, then arguably they have the funds to return to you.
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