Landlord filing bankruptcy & won't return deposit

Oct 15th, 2008, 10:05 PM

Hello!

I moved out of my apartment in August and I still haven't received my security deposit. In CA the landlord has 21 days to return the deposit. I've emailed them several times and now I am being referred to their attorney. The attorney left me a message stating that they are going to be filing bankruptcy in November. I am filing with small claims ASAP. Do I have any chance of getting my money back? I thought that deposits were supposed to be held "in trust" and the funds are supposed to be available at all time?

Thank you for any assistance!

Oct 16th, 2008, 08:04 AM

The state of CA does not require deposits to be placed in a separate account. So the LL probably co-mingled these funds with his own and spent them. Yes, the law does say they are to be held and returned to you, but as you have found out, that doesn't hold up. File ASAP for a judgment against the LL before he files for BK.

Oct 17th, 2008, 12:40 AM

Filed today so hopefully I'll get lucky. Thanks for the advice!

Oct 15th, 2008, 10:05 PM	#1
Unregistered Posts: n/a	Landlord filing bankruptcy & won't return deposit Hello! I moved out of my apartment in August and I still haven't received my security deposit. In CA the landlord has 21 days to return the deposit. I've emailed them several times and now I am being referred to their attorney. The attorney left me a message stating that they are going to be filing bankruptcy in November. I am filing with small claims ASAP. Do I have any chance of getting my money back? I thought that deposits were supposed to be held "in trust" and the funds are supposed to be available at all time? Thank you for any assistance!

Oct 16th, 2008, 08:04 AM	#2
Unregistered Posts: n/a	Re: Landlord filing bankruptcy & won't return deposit The state of CA does not require deposits to be placed in a separate account. So the LL probably co-mingled these funds with his own and spent them. Yes, the law does say they are to be held and returned to you, but as you have found out, that doesn't hold up. File ASAP for a judgment against the LL before he files for BK.

Oct 17th, 2008, 12:40 AM	#3
Unregistered Posts: n/a	Re: Landlord filing bankruptcy & won't return deposit Filed today so hopefully I'll get lucky. Thanks for the advice!

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