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Daniel Solutions
Daniel Solutions, Lawyer (JD)
Category: Legal
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Experience:  Practing General Attorney,
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I am a landlord. One of my tenants moved out almost 2 years

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I am a landlord. One of my tenants moved out almost 2 years ago and I returned his s ecurity deposit to him but he never cashed it. 1 year and 11 months after I sent him the deposit he called me and is requesting that I write him a new check. He claims that the original check had his name misspelled. This is not correct. I have a record of the check and the name is XXXXX XXXXX My question is: Is there a statute of limitation for cashing a security deposit in California? I need to know if I am legally obligated to write hm a new check or has the time for this expired?
Submitted: 8 years ago.
Category: Legal
Expert:  Daniel Solutions replied 8 years ago.
California Civil Code Section 1950.5 places a great burden upon the landlord to return security deposit yet is silent as to how long before a tenant forfeits the deposit for not cashing the check so since you paid by check you are governed by traditional contract law. The statute of limitation would be 4 years from the date the tenant moved out. I would suggest that you provide a money order and keep the stub, that way you have transferred the physical funds and if the tenant loses the money order that would be the same as losing cash and it's no longer your problem.
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