Legal Question in Real Estate Law in California

Tenant Occupied My Home, Still Came Back after Moving
In a home I own, Tenant A's Lease ends on May 15th, 2008; however, she moved out 4 weeks early & took most everything inside the home. She wanted me to re-rent it, & I was able to get a new tenant to move in May 6th. Now that I have a new tenant, I'm going to prorate back to Tenant A for any days overlapping. I am also going to reimburse the security deposit to Tenant A. Please help, When does the time frame start counting for the return of Tenant A's security deposit? In California, you have 21 days. She moved out early, but kept a padlock on the garage so that space was in her possession. She entered the home and took a few of her things in the home on 4/30/08. She then removed the lock. Would the date start counting from 4/30/08? Since then, Tenant A has withheld keys, kept possession by entering the home, & said she will not return keys to the home until May 14th-15th. I can return the security deposit this week, just want to be sure I'm not late since she moved out early. In our signed CAR Lease, it says in bold writing the security deposit is returned when keys are returned, & she's still hoarding the keys. What can I say when I return deposit, as I want to be sure to comply with 21 days & not owe more. Thank you!

Asked on 5/14/08, 8:58 pm

Mitchell Roth MW Roth, Professional Law Corporation

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Re: Tenant Occupied My Home, Still Came Back after Moving

No clear answer. Just account and return the deposit as soon as you can. I see no real problem here.

Answered on 5/15/08, 5:57 pm

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