Legal Question in Landlord & Tenant Law in California
Refund of deposit timing and amount
Hello, I live in San Jose California. I moved out of an apartment on April 23, 2007 and still have not received my deposit back as of today, May 18, 2007. I left 2 messages for management and they did not return my calls. I finally reached someone this morning and they told me I am only getting $263.50 back on a $400 deposit. They said it was for carpet cleaning. First of all the apartment is only 400 sq ft and only the living room and closet are carpeted, secondly there were not spots or wear and it was a 9 month old carpet. Can they deduct this much? How long do they have to return my deposit to me legally? Thank you.
1 Answer from Attorneys
Re: Refund of deposit timing and amount
Based on your facts, I have good news for you. Assuming, you did not leave before your lease ended, you win. Under the law in California, a landlord has 21 days--and no more---to return your deposit, minus unpaid rent, cleaning something beyond ordinary wear and tear (landlord's problem), repairing damage by you or your guests, or cleaning IF the apartment were not as clean when you left as when you moved in. Always best to do a walk-through with landlord before moving in and out, and take pictures. Put everything in writing. Back to the law...it is landlord's responsibility to refund deposit within 21 days, minus above deductions (doesn't sound like any) and more good news....law imposes a penalty of $600, which goes to you. It might be better to have an attorney write to landlord first.....frequently saves you time and court costs of filing suit in small claims court, and often results in a check returning the entire deposit (but seldom the $600). You are welcome, and good luck.
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