Legal Question in Landlord & Tenant Law in California

Re: My tenant gave me 10 days to refund

There are a couple of questions here. 1 - did you comply with the statute regarding the return of, and accounting for security deposits? 2 - were you were legally justified in retaining the portion of the security deposit you kept? If the answer to either is no, you very likely have exposure, and per Mr. Bennett's email, you need to start dancing pretty quickly with your former tenant to avoid going to court over the issue, because if the answer to either is no, you have exposure for penalties plus the amount in question.

As to the specific questions, the statute provides that the itemized accounting for the use of the security deposit shall furnished to the tenant by "personal delivery or by first-class mail, postage prepaid" You have probably failed in two respects - first, the accounting was not personally delivered nor mailed by first class mail. In some jurisdictions, a judge or commissioner might accept email as an acceptable means of delivery, but I wouldn't count on that. Second, the security deposit remaining after deduction was not delivered to the tenant within the 21 days. I think you have to answer "NO" to question one as to your legal compliance with the statute.

As for the second question, you state in your post that some charges may be "questionable", and that you refused to provide copies of invoices to the tenant. Both put you squarely at odd with the statute which requires that charges be reasonable and actual, and that unless the tenant waived the right in writing (usually in a well-drafted lease), you must provide the invoice copies with the refund. Again, you have to answer "NO" to question two.

Sadly, I'd have to suggest that you either settle quickly with the tenant, or retain an attorney, as it appears pretty clear that you failed to comply with many provisions of the law that deal with security deposits. Before leasing the property again, you need to learn a bit more about how to protect yourself as a landlord.

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Re: My tenant gave me 10 days to refund

You are not excused for making a partial refund, as to penalties for damages.

However, judges invariably attempt to be fair. Since you gave a little over 33% of the deposit, you could be in a bit of trouble.

I would try to negotiate with the tenant, since you obviously have a shortage of money at this time. You do not want a lawsuit, since you could be liable for court costs, attorney fees, and a possible %600 statutory fee for "bad faith".

If you cannot come to a quick agreement with her, you probably should retain an attorney ASAP.

And yes, the 2x damages can touch you.