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If you suspect that your landlord will not return your security deposit, you can also hand over the keys to RERA on the moving out date. The organisation can hold them for you until the payment is made.
Youll need to take your landlord to the small claims court to get your money back. Youll usually have to pay some court costs to go to small claims court - you should get the costs back if you win your case.
A landlord can only deduct from the deposit for damages. If you move out of a rental property after 10 years, dont allow the landlord to deduct the cost of paint and carpet from your deposit its against California law.
If theres a dispute over a deposit Your tenancy deposit protection ( TDP ) scheme offers a free dispute resolution service if you disagree with your landlord about how much deposit should be returned. You dont have to use the service but if you do, both you and the landlord have to agree to it.
A landlord must return a tenants security deposit and any interest, minus any portion that was rightfully subtracted, within 30 days after the tenant moves out.
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Your landlord or agent is only entitled to keep all or part of your deposit if they can show that they have lost out financially because of your actions, for example, if you have caused damage to the property or you owe rent.
Within 30 days from when your tenancy ends, your landlord must return your full security deposit, or the portion left after deductions for unpaid rent and/or the cost of repairs. You can sue your landlord in small claims court if you do not get your security deposit back within 30 days.
If your landlord holds your deposit (so should be protected in the Insured scheme), the landlord should pay your deposit back within 10 days of your request for the deposit to be returned. A tenant cannot request the return of their deposit before the tenancy ends.
The tenant can file a civil or small claims case against the landlord if a landlord: Doesnt follow the security deposit law and doesnt return the deposit when requested (even if the tenant still lives there), or. Doesnt return the security deposit after the tenancy ends even though there are no damages or unpaid rent.
The landlord may deduct from the security deposit: Rent that is still owed; The tenants share of increased real estate taxes if the lease or other written agreement permits it; The cost of repairing damage other than normal wear and tear.

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