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Is it legal for a landlord to send my security deposit to the address I moved out of, even though I provided a new address? (California)

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Location: Los Angeles, California

I recently moved out of my apartment in Los Angeles, and I provided my landlord with my new forwarding address 30 days before move out and again on the day I moved out when filling out paperwork. Despite this, they mailed my security deposit check to the address I moved out of, not the forwarding address I gave them.

After weeks of trying to get in touch, corporate finally responded and sent me an itemized list of deductions—but only after the 21-day deadline had already passed. The leasing office kept deflecting and telling me I’d “see everything in the mail,” even after I told them it was sent to the wrong place.

A few questions:

  • Is it legal for them to ignore the forwarding address I gave and send my deposit to the old address?
  • Does sending it to the wrong address + missing the 21-day deadline mean they lose the right to withhold anything?
  • Am I entitled to the full deposit back and/or additional damages?

Would really appreciate any advice—trying to figure out if it’s worth filing in small claims court. Thanks!

Comments

  1. ReportCharming7570 Avatar
    ReportCharming7570

    Did you only call or email to tell them the deposit was mailed to the wrong location? And how long did it take from the point where they were informed of this and when they sent the deductions?
    Have you been provided with any funds not deducted?

    1. It’s not illegal.

    2. Maybe. If it was done in bad faith, yep. Even if it wasn’t done in bad faith, possibly. They had the correct information and sent it elsewhere, even if it was a mistake. Not responding until after the window passed also does not play favorably.

    3. Maybe. The process at this point would be a demand letter for the return and why, and then try and resolve it. If that doesn’t work then small claims court, where you can ask for the deposit, possible other penalties or interest, and if bad faith is found it can multiply the damages. The landlord can obviously counter with what they consider reasonable deductions.

    The CA courts have some self help tools for drafting a demand letter / other things. Not personally used it, but seems potentially useful. https://selfhelp.courts.ca.gov/form/demand-letter-for-security-depos