Legal Question in Landlord & Tenant Law in California

landlord tenant

what is statute of limitations to sue for return of a rental lease deposit after moving out


Asked on 10/24/07, 4:25 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: landlord tenant

Twenty-one days, but be careful with this answer.

Statutes of limitations bar law suits. You have asked the question somewhat "inside out". I am assuming you are the tenant, and want your deposit.

California law says the landlord has 21 days to refund your money, or give you written explanation as to what was deducted.

The landlord can deduct (and must submit invoices) for only three things: (i) unpaid rent; (2) damages by you or your "guests" beyond ordinary wear and tear; (3) cleaning, BUT ONLY if you left the premises dirtier than when you moved in.

In addition, if the delay is over 21 days, or the proper amount is not refunded, a judge has the right to assess a "penalty" of $600 on the landlord for "bad faith", and that $600 goes to the tenant.

Please feel free to e-mail, or call, my office if you need more.

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Answered on 10/24/07, 6:32 pm


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