Legal Question in Real Estate Law in California

landlord tenant

How much time does a landlord have to refund a security deposit(or accounting) after a tenant vacates and what is the penalty for exceeding that time?


Asked on 2/01/01, 4:14 pm

1 Answer from Attorneys

Thomas W. Newton Tims & Newton

Re: landlord tenant

Under California Civil Code Sec 1950.5, the landlord is required, with 3 weeks after a tenant vacates, to furnish the tenant with an itemized statement showing the basis for and the amount of any security retained by the landlord, and must return any remaining portion of the security. The landlord must do so either by personal delivery or by first class mail.

If the landlord retains or claims portions of the security in bad faith, the court may impose statutory damages up to $600.00, in addition to any other actual damages. The landlord always has the burden of proof on the reasonableness of the amounts he or she claims or retains from the security.

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Answered on 3/16/01, 3:32 pm


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