Legal Question in Real Estate Law in California

Return of security deposit

I understand california law requires a landlord to return security deposits within 21 days of vacating premises, but what I would like to know is that 21 business days or 21 calendar days.

Thanks.


Asked on 7/09/02, 5:04 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Return of security deposit

The statutory phrase is "Within three weeks....." which necessarily means 21 consecutive calendar days. It goes on to say "....the landlord shall furnish....a copy of an itemized statement.....and shall return any remaining portion of the security to the tenant."

The law doesn't explicitly say whether the three weeks applies to actual receipt by the tenant or to date of mailing. Most authorities seem to indicate a deposit return is timely if mailed on the 21st day.

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Answered on 7/09/02, 5:58 pm


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