Legal Question in Landlord & Tenant Law in California
Rent refund timeframe
We had given 60 days notice in June, but our landlord found someone to take our place after only 30 days. So we agreed and moved out in the middle of July, after paying the entire rent for July. Our landlord now owes us for 18 days of July after we had vacated the unit, but has not given it to us saying there is no statutory limit to when this money must be refunded. She refunded our security deposit (although postmarked 3 days after 21 days), but is holding the due rent refund saying she'll pay it at the last possible moment. So our questions are:
1) Is this legal?
2) If so, when is something like that due?
3) Can we charge her interest on that money?
4) What are our options to collect this money aside from having to take her to court?
Thanks for any advice you can give!!
1 Answer from Attorneys
Re: Rent refund timeframe
Landlord is full of ***** (enter your own expletive)!!!
Not only is there a 21 day period, but there is a provision that money not refunded, or explained, can subject landlord to a $600 statutory fee (i.e. fine) for bad faith (paid to you, not to the court).
As you probably know, landlord can keep deposit for unpaid rent, damages by tenant, or if you left it dirtier than when you moved in.
Answers: (1) Illegal; (2) 21 days; (3) no, but that extra $600 is a bit better than interest; and (4) an attorney's letter frequently works to collect without Court interference.
You are welcome, and don't hesitate to e-mail me if you need anything further.
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