Long Beach, CA asked in Landlord - Tenant and Small Claims for California

Q: My landlord has exceeded the allotted 21 days to return my security deposit...

Are they still entitled to make deductions based on CA Civil Code 1950.5 or have the forfeited those rights?

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Excellent question, and one asked by many. There is no automatic forfeiture by the LL of any claims to the deposit, however, there is a part of that section that talks about a "Bad Faith Retention" of the security deposit. In that situation you can request and receive; "statutory damages of up to twice the amount of the security, in addition to actual damages." You can also send a written request for the LL to return all your deposit, which must be done or accounted for per the statute, within another 14 days. Did your LL give you written notice of your right to pre move out inspection as required by these laws? Did you have the PMO inspection? Did you make repairs/cleaning per the inspection? Again if he did not do those things there is no automatic forfeiture, however, most small claims judges consider whether charges could have been avoided had there been such an inspection, and disallow them. Otherwise, what is the point of the statutory PMO scheme?

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