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I recently sold some rental property that was professionally

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managed. I returned 1650/2800 security...
I recently sold some rental property that was professionally managed. I returned 1650/2800 security deposit based on the condition of the property. If the tenant has cashed the check, can he still sue fir the balance?
Submitted: 2 years ago.Category: Real Estate Law
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10/14/2015
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,045
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Did you give the tenant an itemized list of the damages that you deducted from the security deposit?

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Customer reply replied 2 years ago
To be clear - I also sent the monies late.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 years ago

Thank you for your reply.

If you were late sending the money or the notice, under CA law they are entitled to the return of the whole deposit. Even if they cashed the check for less, they still have a right to recover the difference not paid based on the late notice and sending of the payment. You have only 21 days to send the refund and/or itemized list, but the law says if you missed that time you must send the full amount. This does not mean you cannot sue the tenant for the damages in small claims court if you choose, it just means they are entitled to the entire deposit.

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