Legal Question in Real Estate Law in California
Security deposit return on commercial lease
Does 1950.5 apply to commercial real estate leases? If not, what statute applies.
Specifically, how long does a previous landlord have to pay the security deposit; 21 days; also, is there a $600 penalty if not paid on time like residential?
Asked on 5/24/02, 3:44 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: Security deposit return on commercial lease
Civil Code section 1950.5 applies only to tenant-occupied dwellings. The provisions for commerical leases are found at 1950.7, and the bad-faith damages addition is $200, not $600.
The time alloted for refund is two weeks if the only claim is for unpaid rent, and 30 days if other deductions from the security are claimed. For details, see the statute itself.
Answered on 5/24/02, 4:16 pm
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