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My previous tenant lease agreement end on April 30TH. We did

Customer Question
a walk through a week...
My previous tenant lease agreement end on April 30TH. We did a walk through a week before the lease expired to my surprise I found mold in the bathroom, I ask him why he didn't let me know that water from the shower was hitting a wall, I told him this look like mold & we need to have a mold inspector to do a DX either he get or I need to get it, since I have a new tenant taken position of the house on May 1st. On April 24 I have the report of the mold test and it was positive.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Has any paperwork been filed?
Customer: Yes my new tenant didn't wants to start the lease until the property was clear of mold. Instead of taking position of the property on 5/1 /17 he start on 5/15/17 after remediation was completed, I lost income due to the fact he never notified me he was having problems with the shower. My question to you is if I could take my lost of income from his security deposit
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.Category: Real Estate Law
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5/16/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,983
Experience: Licensed to practice before state and federal court
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Hello! My name is ***** ***** I am a California attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

The answer to your question is yes. California law says, "The landlord is allowed to make a good faith estimate of charges and include the estimate in the itemized statement in two situations: (1) the repair is being done by the landlord or an employee and cannot reasonably be completed within the 21 days, or (2) services or materials are being supplied by another person or business and the landlord does not have the invoice or receipt within the 21 days. In either situation, the landlord may deduct the estimated amount from your security deposit. In situation (2), the landlord must include the name, address and telephone number of the person or business that is supplying the services or materials. Within 14 calendar days after completing the repairs or receiving the invoice or receipt, the landlord must mail or deliver to you a correct itemized statement, the invoices and receipts described above, and any refund to which the tenant is entitled." Civil Code Section 1950.5(g)(3).

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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Ultimately, you must send them the cost of the damages within the next 5 days for you to stay compliant. Otherwise, you have to return the entire deposit.

Follow up questions are free, so did you have any additional questions? If not, were you satisfied with my service today?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hi! When you get the chance, please don't forget to rate!

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