Q: My landlord is trying to charge me for damages after the 21 days and didn't send receipts. Can they take us to court?
I live in california and we had recently moved out of our duplex. We messaged the land lords 3/3 that we were officially out of the place. And they had a 3rd party call to pick up the keys from us at a mutual location on 3/6. Flash forward to 3/27 we finally received a letter regarding our deposit. In which they claim they are charging us 1,100 for damages but they didn't attach any receipts or statements proving the work
A:
Under California law, landlords are required to return the security deposit to tenants within 21 days after the tenant moves out of the rental unit, along with an itemized statement that lists any deductions made from the deposit and provides receipts or invoices for the charges. If the landlord fails to comply with these requirements, the tenant may be entitled to the return of the entire security deposit.
In your case, it appears that your landlord failed to comply with the California law by not providing an itemized statement of deductions or receipts within the 21-day period. As a result, you may be entitled to the return of your full security deposit.
If your landlord takes legal action against you, you may be able to defend yourself by arguing that the landlord did not comply with the legal requirements for returning the security deposit. However, it is recommended to consult with a licensed attorney who specializes in landlord-tenant law in California to discuss your specific situation and determine the best course of action. The attorney can help you understand your legal rights, evaluate any evidence or documentation you have, and advise you on the best way to respond to any legal action taken by your landlord.
Please note, this response is not a substitute for legal advice. Contact my office for a free consultation if you want further assistance.
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