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legaleagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13441
Experience:  Practicing Attorney for 10 years
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We gave our tenants a 30 day accounting of the deposit, and

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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
Expert:  legaleagle replied 6 years ago.

Thank you for contacting 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.

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