Seattle, WA asked in Landlord - Tenant for California

Q: Landlord straight up missed the 21-day deadline in CA to return security deposit and itemized list of by a full week.

Landlord straight up missed the 21-day deadline in CA to return security deposit and itemized list of by a full week. They printed invoices with bulk items such as 22 1/2 hours for "deep cleaning" or 1200 in wall repairs without itemizing each individual thing that was repaired, exactly on the 21st day...but they did not mail a check or the invoices for nearly a week after. We received it 13 days after the deadline, postmarked 5 days ago. Even if some of the deductions were legitimate, do we have a case to recover the entire security deposit since they missed the 21 day deadline?

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

A: File a Small Claims case. The judges in SC are very strict about the procedural requirements. Be aware the LL can file a counter claim for damages, not subject to the 21 day rule. Negotiate a compromise to pay the "legitimate" deductions and get a refund for the rest.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.