FAQ #4: How and when do I get my security deposit back?
When the tenant moves out, he/she can request a walk through with the landlord. The walk through must take place no earlier than 2 weeks prior to the end of the tenancy. Once the landlord has performed an inspection of the unit, he/she gives the tenant an itemized statement of needed repairs and cleaning that are the basis for deductions from the security deposit. The landlord can use the deposits only for the purpose indicated in the lease or rental agreement and must provide an itemized statement of any money withheld. The security deposit must be returned to the tenant within 21 days of vacating the unit. Disputes concerning security deposits can be taken to Small Claims Court in San Mateo County.
Department of Consumer Affairs: California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities www.dca.ca.gov/publications/landlordbook or Download the guide (PDF)
California Department of Consumer Affairs' Do's and Dont's of Small Claims Court
Legal Aid Society of San Mateo County's PDF guides: Repair and Deduct | Security DepositsNew Security Deposit rules, Walk-Through Inspection Process for Landlords and Tenants from TCAA
Landlord and Tenant Information and Referral Collaborative Landlord and Tenant Rights, Responsibilities, and Resources, in San Mateo County (PDF)
Peninsula Conflict Resolution Center
www.pcrcweb.org
PCRC helps landlords and tenants communicate about a variety of issues.
650-513-0330
San Mateo County Superior Court, Small Claims
www.sanmateocourt.org/director.php?filename=./smallclaims/index.html/index.htm
800 N. Humboldt St, San Mateo, CA 94401
650-573-2605Small Claims Mediation Program
www.sanmateocourt.org/director.php?filename=./adr/smallclaims/index.html
This program provides on-site mediation services. If a case settles in mediation, the court will not proceed with the small claims hearing, but rather will note in the court file that the parties reached a mediated settlement.
650-573-3907