A tenant who stops answering does not stop the clock. In California the itemized statement and any refund are due no later than 21 calendar days after the tenant vacated, whether or not you can reach them. Your job is to send both correctly and keep proof that you did.
The general version of this problem, for any state, is in the tenant left no forwarding address. This post covers the California rules that changed with AB 414 on January 1, 2026.
Where the statement goes
Civil Code § 1950.5(h)(6) settles it. Mail goes to the address the tenant provided. If they did not provide one, it goes to the unit they vacated.
Email is an option only if the two of you agreed to it, at signing or later. If you have that agreement, send the statement to the email account the tenant provided. If you do not, an email is a courtesy copy, not delivery. Mail it first class too.
How the money goes back
This is where AB 414 changed things. The rule now depends on how the tenant paid.
| How the tenant paid the deposit or rent | How the refund goes back |
|---|---|
| By check, cash, or money order | Personal delivery, or a check mailed first class |
| Electronically | Electronically, to a bank account or other financial institution the tenant designated in writing, or by another electronic method the tenant agreed to in writing |
| Electronically, with a written agreement on another method | The agreed method, such as a check mailed to an address the tenant gave |
If the tenant paid electronically, you also had to tell them in writing, within a reasonable time after either side gave notice, that they could get the deposit back electronically. That notice is your best chance to collect the account details while the tenant is still talking to you. If you sent it with the pre-move-out inspection offer, you are covered. The pre-move-out inspection in California, step by step shows how to combine them.
The gap in the statute
Here is the situation the statute does not answer: the tenant paid rent electronically, never designated an account in writing, never agreed to another method, and now cannot be reached. Subdivision (h) does not say what to do then.
The LeaseRooster team does not know of a published answer to this, and it is not one to guess at. Talk to an attorney before day 21. Whatever you do, document it: the notice you sent, every attempt to get account details, and why you chose the method you used.
The way to avoid the gap is to get the account designation, or a written agreement on another method, at move-in or the moment notice is given.
When some roommates are gone
With several adult tenants and no written agreement signed by all of them, subdivision (h)(1)(C) is specific. The refund goes by one check payable to all the adult tenants on the lease when the tenancy ends. The itemized statement goes by personal delivery or first-class mail to any one of them you choose.
This rule sits above the electronic one: the return-method rules in (h)(1)(A) are expressly subject to it. So the roommate you can reach does not get a check, or a transfer, in their own name because the others went quiet. Make it out to all of them. Splitting it is something the tenants work out among themselves, unless all of them signed an agreement with you saying otherwise. The one exception is a tenant who ended the lease under Civil Code § 1946.7 (the early termination right for victims of domestic violence, sexual assault, stalking, and certain other crimes), who can ask for the refund another way.
The statement itself does not change
An unreachable tenant gets the same statement as anyone else: every deduction itemized, with the receipts, invoices, labor descriptions, and photos subdivision (h)(2) requires once repair and cleaning deductions pass $125. The move-out statement template has the layout and a worked example.
Skipping the paperwork because nobody will read it is the wrong bet. A landlord who fails in bad faith to comply with subdivision (h) loses the right to claim any of the security, under (h)(7). A tenant who surfaces a year later will read it closely.
If the tenant also left belongings, that is a separate notice with its own deadlines, covered in what to do with belongings a tenant left behind.
When the check is never cashed
The money is still the tenant’s. Section 1950.5(d) says security is held for the tenant, ahead of the landlord’s creditors, and nothing in the statute changes that because a check went stale.
California’s Unclaimed Property Law is the backstop. Code of Civil Procedure § 1520 covers property held or owing in the ordinary course of business that stays unclaimed for more than three years after it became payable. That property escheats to the state, and for amounts of $50 or more the holder has to send the owner a notice 6 to 12 months before it becomes reportable. How your refund is classified is a question for the State Controller’s office, which runs the program, so confirm with them before you file anything.
Until then:
- Keep the refund in your records as owed to the tenant. Do not fold it into income.
- Keep the mailed statement, the proof of mailing, any returned envelope, and the uncashed check or transfer record together.
- Log every attempt to reach the tenant, with dates.
Deposit tracking keeps the deposit, the payment method, the 21-day date, and the refund record on the lease, and tenant messaging keeps the contact attempts in one thread.
This is general information, not legal advice. Rules change and local ordinances vary. Confirm current requirements with your city, county, or an attorney before you act.