Legal Question in Landlord & Tenant Law in California

deposit

Tenants have not removeod all their stuff ( including big 4 couches0 fro upstairsss, and had stained carpets, and damaged structure and broken door frames, what is t he position of landlord? can he deduct the money from the deposit / does landlord need to produce receipts to the tenants?


Asked on 10/17/07, 10:22 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: deposit

Assuming the tenants have vacated the premises, Landlord has 21 days to furnish an itemized list of the costs for repair, cleaning, etc., along with copies of documents showing the charges incurred, if any, that are being deducted from the security deposit. It's all in very dry prose in Civil Code section 1950.5.

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Answered on 10/17/07, 10:36 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: deposit

In addition to Mr Cohen's answer, I would like to point out the law on abandoned property.

Here is your answer direct from Civil Code 1983.

The landlord must send a notice to the place the tenant is expected to receive it that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 15 days (18 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property.

The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $ 300 will be kept, sold, or destroyed.

After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds.

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Answered on 10/17/07, 11:10 am


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