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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I rented out my house years and have now moved back into it.

Customer Question

I rented out my house for 2 years and have now moved back into it. I did not return the security deposit in 21 days. I have given 2 payments to the tenants and have had them to the house after the 21 days and we have dicussed damages and repairs numerous times. On March 1, I texted the tenants that I had everything really and was going to send out the final Security Deposit letter. I told them it would be in the mail the 1st or 2nd depending on cut of time for mail. I texted again the next day and told them they would recieve the letter on March 2nd. I sent the letter with backup reciepts and list of damages which showed they actually owed me $12.97. Do to the lenght of time and I included a check of $50.00 based on good will. On the 3rd of March I recieved an overnight fedex letter from the tenant stating due to CA Civil code section 1950.5(g) that I owed them the entire deposit back. The offical 21 days from vacancy was Dec. 6, 2015. They recieved and cashed 2 checks, one on 12/23/15 for 500.00 and one on 12/31/15 for 600.00 they balance was to cover damages and repairs and I was not sending back until are repairs and damages were done. Do to holidays and other personal matters it took time to complete and I was in contact with them a few times with updates. What can I do.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 30 years and I handle landlord law issues for landlords.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. How much was the deposit to begin with?

2. Why did you send 2 checks for $1100 total?

3. How much did the repairs/cleaning come to that you want to deduct?