> Landlord holding deposit for utility payments?

Landlord holding deposit for utility payments?

Posted at: 2015-03-04 
If you were responsible for paying the water bill then she has every legal right to deduct what ever amount you owe for that bill. If the bill has not come with in the legally required 21 days sucks for her. She is still legally required to refund any balance to you with in the 21 days. A smart landlord would have called the provider & gotten a current amount due and send a proper refund with in the 21 days. She has no right to violate the 21 day law because a bill has not come yet.

Commonly the water bill is handled directly by the apartment complex, and not be the actual utility company, which would put them in a position to be able to withhold that deposit, it would seem to be practice for them to just refund the deposit less the water bill, is the hang up that they don't know the amount? or have you been paying a flat monthly amount.

So call the water company, pay your bill, get a receipt from them and present it to your landlord and ask for your deposit back. She has no way of knowing that you will pay it until you or she pays it, so that's why she's waiting. Once it's paid you are entitled to your depost back if your room was left in good shape.

If you paid the bill, you can show that you paid it and request your money back. If you are responsible for hte bill he can deduct an estimated portion and refund the rest. He has 21 days total to get it back to you fromm the time you gave the keys back and were not longer responsible for the rental.

technically, yes...you have not received in writing why the deposit is withheld...it is possible you could get triple damages.....sue, and you lose an otherwise good reference....water, garbage, if it is all the same bill ; 100 bucks is way more than you w owe..you could ask for that....who knows whats going on with you two anyway

He needs to return it within a month. It is a reasonable request although she could easily have averaged your previous bills.

You're right. She can't legally withhold your deposit. Now a reality check, what do you think you can do about it?

Were you the one responsible for the water bill?

It has been 21 days since I have vacated my room I was renting in an apartment . I asked the landlord where the deposit refund was and she told me it is being withheld due to an outstanding utility bill(Water bill that has yet to come). I was renting month to month with no lease. I cannot find that as a legal reason in the civil code for withholding my deposit. I have every intention of paying utilities but want my deposit back. Is what she is doing legal? I am in San Diego county.