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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33786
Experience:  15 years real estate, Realtor. Landlord 26 years
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As a landlord, I understood the law to be that I have 30

Customer Question

Hi, As a landlord, I understood the law to be that I have 30 days after to return a tenant's deposit with a list of deductions. After reading from the Dept. of Consumer Affairs, it states I only have 21 days. My tenant caused some damage to our property, which was itemized and sent 28 days after their move-out. Do I forfeit any opportunity to withhold monies for this damage? Thanks
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Unfortunately, the law is that you only have 21 days after a tenant has surrendered possession to deliver an itemized list of damages and any refund of a security deposit. (California Civil Code §§ 1950.5 ).

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However, although this may sound odd, you don't waive your rights to pursue damages, you just lose the right to retain any of the security deposit. So you can still sue the tenant in small claims court for any damages, you just have to refund all their deposit money.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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