Legal Question in Real Estate Law in California
How long after my lease is up does my landlord have to give me an itemized list of what is to be taken out of my deposit, and after that time, am I entitled to my deposit in its entirety despite damages?
2 Answers from Attorneys
Under California law, a landlord must do one of two (2) things within 21 calendar days after you move out:
1. Send a full refund of the security deposit OR
2. Mail or personally deliver to you an itemized list of the amount of any deductions, the reasons for the deductions, and a refund of any amounts not deducted.
The Califorina Supreme Court has ruled that if the landlord does not provide a full refund or a statement of deductsions and refund of amounts not deducted within the 21 day period, the landlord forfeits the right to keep any of the security deposit. (Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745.)
It must be noted, however, that although the landlord forfeits the right to hold the security deposit or look to it for damages in this situation, this does not forfeit the landlord's right to bring a cross-action against you for claimed damages.
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