Legal Question in Landlord & Tenant Law in California

Deposit 21days and beyond

We paid from 7-7 of every month and had paid upto the 7 of june 2005.We did give our 30 day notice and on the 16 of may we were all moved out and done a walk through with the owner and was told all was great and we would get a full refund.Would the 21 days be on the 13?If we have to goto court are we entitled to double the deposit,court cost & lawyer fees,we have a time share that we cannot recover the time or cost of and if we have to goto court because of them and miss our reservation can we recover that cost from them,how about the remaining time we had paid for and left early,can we also ask for the rest of that money? Thank You so much for taking your time to answer these questions.


Asked on 6/09/05, 4:35 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Deposit 21days and beyond

When did you give your 30 day notice? Guessing May 7th. If you were out on the 15th, then day one of the 21 days would be on the 17th. The deposit should have been returned on the 6th of June.

If you can show "bad faith" as opposed to a mistake in the law, you would be able collect double your deposit in court. If you did have to sue, you could recover court costs, but you could only collect attorney fees if you have a signed rental agreement allowing for attorney fees.

Finally, since you would be the one filing suit and would have some say in the court date, you would have no basis for blaming the landlord for missing a reservation at a time share.

I would suggest that you calmly communicate with the landlord. Unless you have some evidence to the contrary, they may just think that they have 21 days from June 7th.

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Answered on 6/10/05, 7:51 am


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