What are the tenant’s rights when a landlord fails to return a security deposit?

In California, a tenant’s rights are protected by landlord-tenant law if a landlord fails to return a security deposit. The landlord must return the tenant’s security deposit within 21 days of the tenant moving out, minus any necessary deductions. If the landlord fails to do this, the tenant has the right to take legal action. The tenant is legally entitled to interest on the security deposit, which is calculated as the annual rate of 5% of the amount of the security deposit. If the landlord is required to pay interest and fails to do so, the tenant may sue for twice the amount of the security deposit, up to $10,000. The tenant may also be able to bring a case against the landlord if the tenant was not given proper information about the return of their security deposit. The tenant may be able to seek the return of their security deposit and any interest due to them if they can prove that they did not receive the required information. The tenant may also file a complaint with the California Department of Consumer Affairs if the landlord has failed to return the security deposit. The department will investigate the issue and may be able to provide relief to the tenant. Finally, the tenant can file a lawsuit against the landlord in civil court for the security deposit and any damages resulting from the landlord’s failure to return it. If the tenant is successful, the court will award the tenant their security deposit, interest, and any court costs.

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What are the tenant’s rights when a landlord fails to return a security deposit?

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