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I moved out and returned the keys 2 days before my lease contract termination date. When is my security deposit due?
Anonymous5 views3 answers
I moved out 2 days (after returning the keys and having the move out inspection) before my lease termination date. I have not yet received my security deposit. Do I calculate 21 days since the day I moved out or the day my contract ends? It has been around 19 days and no security deposit has been returned. Should I wait until 21 days and what type of letter should I write?
Your landlord is required to give you your full security deposit back or a partial security deposit back with an itemized statement of deductions within 21 days of you moving out. If he does not do this, he must then return the full security deposit.
You can have an attorney write a demand letter if this situation occurs and/or sue in small claims court for your full deposit back.
Brad S KaneLandlord / Tenant LawyerLos Angeles, CACA licensed ·
The 21 days starts when you vacate the premises. You should wait until 21 days after you vacated to see what the landlord does before writing your letter. If the landlord fails to comply with the rules below, you may consider having a lawyer assist you.
Under Civil Code 1950.5, the landlord is supposed to return your security deposit within 21 days of termination of the rental agreement. The landlord is only permitted to make deductions for unpaid rent, cleaning and repair of damage beyond normal wear and tear. Further, the landlord must provide an itemized breakdown of any deductions, including receipts for any materials or third party services plus the hours and rates for the landlord's employees used. If the landlord retains your security deposit in bad faith, you can recover treble damages.
Further, if the landlord fails to comply with Civil Code 1950.5, the landlord is required to refund your entire deposit. Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745. However, in an action to recover the security deposit, the landlord may cross claim for damages to the property and/or unpaid rent.
Finally, the bad faith retention damages are based on whether the landlord acted in good faith in taking deductions from your security deposit. Any personal damages you may have suffered do not help prove your landlord made the deductions from your security deposit in bad faith.
It is 21 days from the date your tenancy ends. If you left early, you may be able to claim it is 21 days from the date you moved out. I generally advise people to wait at least 21 days from the end of the tenancy so the landlord has no real defense. That just helps cement your right to a full refund.