Legal Question in Landlord & Tenant Law in California
My roommate and I moved out of a house on October 3rd. We did not receive our security deposit with the itemized deductions until the 1st week in November. My neighbor yesterday took pictures proving that the deductions they took out of our deposit have yet to be made (and a new tenant has moved in) It is questionable at best whether the items deducted were our responsibility (ie 8 year old carpet). Regardless though, they were late on the 21 day rule. Is there any way a court would not give us the deposit back? Is that rule pretty much black and white?
1 Answer from Attorneys
Since the law is clear that the landlord has 21 days, the court should strictly enforce the time period. Contact the landlord and point that out an suggest it will be a lot lheaper for him to return the balance to you now then to go to court and have to pay more. The landlord can take deductions without making the repairs for which the deductions were taken, but in your case that is irrelevant.
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