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I think its a simple question. what would it cost

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Real Estate Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

How would I know. Should I just ask the question and you give me a cost?

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K.

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I have a tenant that moved out Aug 30th and left the house in a total disaster and it cost $350.00 to clean a 615 SF house. I also had to get the deck stained and kitchen painted. Scratches and gauge makes on Hardwood floors, Beer smell that the maid cant get out completely. I was suppose to returned his deposit within 21 days but I couldn't get anyone out to do the work until two days ago and planned on sending him his deposit minus the cleaning and repair. He sent me a letter in writing demanding that I send his entire deposit back since I have passed the 21 days

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What paperwork?

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No. But I need to know what this will cost before u send me over.

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Real Estate Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Hello

Lawyer's Assistant: Hello. How can I help?

I was jsust talking to u

Submitted: 10 months ago.Category: Landlord-Tenant
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Customer reply replied 10 months ago
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Answered in 14 minutes by:
9/28/2017
Lawyer: barristerinky, Attorney replied 10 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,116
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Unfortunately, CA law is very specific about the time to refund a deposit or send an itemized list of damages within that 21 days. If you have failed to do so, then you lose the right to charge the tenant anything from the deposit.

.

See Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745 [38 Cal.Rptr.2d 650, 653]. See California Practice Guide, Landlord-Tenant, Paragraphs 2:783-2:783.6 (Rutter Group 2011).

.

This CA Supreme Court case says that the landlord loses the right to keep any of the security deposit and must return the entire deposit to the tenant if they miss that deadline.

.

If you don't refund their deposit in full, they can sue you for up to 3X the deposit plus attorney fees.

.

See CA Civil Code 1950.5 which states:

.

(l) The bad faith claim or retention by a landlord or the landlord’s successors in interest of the security or any portion thereof in violation of this section, or the bad faith demand of replacement security in violation of subdivision (j), may subject the landlord or the landlord’s successors in interest to statutory damages of up to twice the amount of the security, in addition to actual damages. The court may award damages for bad faith whenever the facts warrant that award, regardless of whether the injured party has specifically requested relief. In an action under this section, the landlord or the landlord’s successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits.

.

.

I hate that I have to tell you this, but as a landlord, the CA courts expect strict compliance with the landlord tenant laws.

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

Barrister

Ask Your Own Landlord-Tenant Question
Lawyer: barristerinky, Attorney replied 10 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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