Legal Question in Landlord & Tenant Law in California

I found these statements in the california civil code 1950.5 are these statements true!?
If security deposit is paid or post marked after the 21st day, the landlord must pay the FULL security deposit back without any deductions.
the landlord shall notify the tenant in writing of his or her option to request an initial inspection and of his or her right to be present at the inspection.
If not paid back/mailed to tenant within 21 days of vacancy, the tenant is entitled to up to 3x�s the security deposit..... if the deposit is received after 21 days the tenant is entitled to up to 2x�s the security deposit.
If I DO receive my deposit after 21 days and it�s been post marked after those 21 days ..... am i still entitled to sue the landlord for not supplying the refund back to me in the statuette time?
Also if i received the deposit late and cashed it, can i still sue him? even though i cashed it?
The reason i�m asking is because, I moved out and went home to GA while my mother was having surgery and returned back to LA and was in the middle of transitioning to a new job. I had planned all my bills around the security deposit check and had to call all the places on the due dates and tell them that due to my security check and being out of work while taking care of my mother.... i was unable to make the money but i should have the deposit soon! I felt like an idiot and like i was letting down my word that I had given to the companies by not paying them on time.
I also had to struggle during those 2 weeks to make ends meet and found my self on several times scrapping the pennies out of my cup holders and seats to even afford gas to get to work, let alone eat, while waiting several more days to get paid from work just to pay those bills that were due and i was unable to pay on time by not having the check. This was probably one of the hardest times of my life!   When i called the landlord, he pretty much told me that it didn�t matter what i had going on, if i had to struggle, or even if i had to go home to take care of my mother, he said it wasn�t his concern. He made no sense of urgency to send out the check to make sure i received it in time, and in fact took his time to send it out after the fact.

Asked on 7/17/10, 12:55 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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Without checking the Code sections again, I am not sure that everything you state is an accurate summary, but the key issue that if the landlord does not return the full security deposit, less any amount he gives a detailed description of why he is withholding that amount, the landlord waives the right to retain any of the security deposit and the judge can award up to 2 times the monthly rent plus your actual costs. That seems to apply to the facts you relate.

Answered on 7/18/10, 3:24 pm

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