Once you, the landlord, have accepted a tenant by handing him the keys, then the tenant has legal possession of the property. If the lease was mutually signed and the keys were handed to the tenant, then you must wait until the lease expires and give at least 30 days notice that you will not renew the lease before asking the tenant to leave. Landlord and tenant laws are designed to protect both the landlord and the tenant. If the tenant does not violate the terms of the lease once it has been mutually signed and the property turned over to the tenant, then he has the legal right - as long as he pays his rent on time - to remain on the property. If he violates the terms of the lease at any time, you can seek legal remedy to correct the violations or to remove the tenant.
If your landlord accepted the security deposit from you he must return to you unless he have legal grounds to keep all or part of the security deposit. I don't think that the loss of your receipt for the security deposit is enough to allow your landlord to keep it. Thus you can sue him.
As long as you get your security deposit back, it doesn't matter how he gives it back to you.
The accounting journal entries to record a security deposit should be a separate entry titled security deposit. You should include the tenants name, and it should be considered a liability since you will have to return it at some point.
Basically speaking, whether there is a least written or not, if you, the landlord, accept a security deposit, you are obliged to return the deposit to tenant within 30 days of his moving out of the property. If the tenant has violated the terms of the agreements - they should be in writing - between the two of you, you have the right to keep the security deposit but you must write a letter to the tenant explaining why. The tenant has the right to take the matter to court if he feels the reason is unjust.
The landlord has an obligation to return the deposit to somebody. He wouldn't be wrong to return it to the boyfriend, but he could also return it to you. Then, if either of you feels aggrieved, they could sue in small claims court.
Look at the lease agreement. Whoever is listed as the landlord, that is who should return the security deposit.
They have not accepted my yet, i submitted e-file on Feb 2nd. I heard they will accept on 14th
A security deposit is an advanced deposit that is generally retained by the landlord during your tenancy. The landlord is obligated to return such deposit within 30 days with interest earned, if any, and/or an itemized list of expenses for which the landlord is offsetting the deposit amount (for which he wants to keep some or all of the deposit). The laws regulating such deposit varies between states under the Landlord/Tenant laws of that state.
If the tenant broke the lease via a material breach, the tenant may forfeit his security deposit. However, if the landlord has breached the lease, he must return the full security deposit.
The latest the landlord can return your deposit in California is 21 days. You can find out more information on this matter by following the Related Link below.
212 months is a long time to be demanding the return of the security deposit, so the statute of limitations of your state may have already expired. Assuming it hasn't, you have the right to sue you for landlord for the recovery of the security deposit. In most states the landlord must return your security deposit within 30 days of your vacation from the premises or automatically forfeit it, unless within the same period of time he submits to you an itemized bill for any damages that incurred beyond normal wear and tear.
Usually one year.