Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

We gave our tenants a 30 day accounting of the deposit, and

Customer Question
the damages/costs they needed to...
We gave our tenants a 30 day accounting of the deposit, and the damages/costs they needed to pay. They are saying we had to do this at 21 days, even though we were out of town. They did not move out on the original 30 day notice date, our son was getting married on the East Coast, so we had to leave, and did not have time to evaluate all the damage before we left.
Submitted: 6 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 11 minutes by:
9/1/2011
Real Estate Lawyer: legaleagle, Lawyer replied 6 years ago
legaleagle
legaleagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,441
Experience: Practicing Attorney for 10 years
Verified

Thank you for contacting JustAnswer.com with your question. I will provide legal information related to your question.

 

Unfortunately under CA law you have to return the deposit or send the accounting with in 21 calendar days from the date the tenant vacates. So if you did not do this within 21 days from the date they actually vacated, they are right and you have to return the entire amount and can not deduct for damages. However since you have circumstances that prevented you from meeting the 21 day time frame and you did not do it to intentionally delay the refund a court may allow you to deduct for some or all of the repairs. Until your tenant sues you, you can keep the money from the deposit, and if they owe more than the deposit you will have to sue them to get a court to order them to pay.

legaleagle
legaleagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,441
Experience: Practicing Attorney for 10 years
Verified
legaleagle and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Ask legaleagle Your Own Question
legaleagle
legaleagle
legaleagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,441
13,441 Satisfied Customers
Experience: Practicing Attorney for 10 years

legaleagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,052 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,763 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,532 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,918 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
A building contractor did water damaged work on my apartment
a building contractor did water damaged work on my apartment and i signed a contract with him and after the work was done he changed the dollar amount to a higher amount. the contract stated not to ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,325 satisfied customers
Regarding damages to the house that he and his sister both
Regarding damages to the house that he and his sister both own, how do you submit the damages that she's done to the house to the court? With the Partition paper work? Also, can I give Power of Attorn… read more
Ray
Ray
Lawyer
Doctoral Degree
7,532 satisfied customers
Responsibilities when Roof leaks cause damage to interior of
Responsibilities when Roof leaks cause damage to interior of condominium? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We have water damage in our apartment and I feel that
We have water damage in our apartment and I feel that management is doing what they supposed to do , or following protocol … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,325 satisfied customers
Movers damaged my hardwood floors and we have been going
Movers damaged my hardwood floors and we have been going back and forth since August. Finally they are telling me that they can't pay me the money per California law and that they need to pay the cont… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
EDUCATOR. We recently had our floor damaged by a leaking
This question is for LAW EDUCATOR. We recently had our floor damaged by a leaking toilet. It was damaged 5+ years ago by the washing machine in a different room. It is a continuous floor so Insurance … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My landlord is withholding my deposit ($3750) for damage
My landlord is withholding my deposit ($3750) for damage wood flooring caused by a burst pipe under the kitchen sink. He claims that it was caused negligently by a sealed container containing chlorine… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,570 satisfied customers
We live in townhouses that were severely damaged by Harvey.
Hi, we live in townhouses that were severely damaged by Harvey. We own in fee simple and are responsible for our own units, walls, roofs, etc. The HOA has basically dissolved. Some of our neighbors ar… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
Missouri homeowner files damage claim with insurance
Missouri homeowner files damage claim with insurance company, and, receives $150,000. Insurance check is written jointly to homeowner & servicer; signed by homeowner and sent to servicer for deposit. … read more
LegalGems
LegalGems
Juris Doctorate
10,368 satisfied customers
A condo that I have a contract on was damaged in hurricane
A condo that I have a contract on was damaged in hurricane Irma. Some water got into the unit through a damaged roof. The sellers got a remediator in there and the result is now a dry condo with missi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My condo in NJ was damaged by fire. Building is condemned,
My condo in NJ was damaged by fire. Building is condemned, but assn. want me to still pay maintenance. Are they right? Thanks, Andy … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,079 satisfied customers
Another property damaged my property by illegal diversion of
Hi another property damaged my property by illegal diversion of storm water. I have not sued them yet but now they are selling their home trying to run from me. Viewing your article. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
Who is responsible for termite damage in a condo, owner or
Who is responsible for termite damage in a condo, owner or association? … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,918 satisfied customers
If a landlord brings video "evidence" of damage beyond
If a landlord brings video "evidence" of damage beyond normal wear and tear on a unit, but does not have proof that the tenant caused the damage (i.e. video or photographs of the unit before tenants i… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,165 satisfied customers
There is major water damage to the outside of my townhome,
There is major water damage to the outside of my townhome, The board has done nothing to resolve the situation. There is a mandatory board meeting reguarding the disposition of my unit. what does that… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
Neighbor's tree fell on my garage - damage is moderate -
Neighbor's tree fell on my garage - damage is moderate - tree was old and dead for quite sometime - I I know I never sent a formal documented complaint was sent to neighbor - maybe another neighbor or… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,963 satisfied customers
My tenant damaged a wardrobe and the wall of the stair was
My tenant damaged a wardrobe and the wall of the stair was to hid apartment which he shared with a common friend. The shared the $1000 per month rent equally, but when he left, the other tenant revert… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x