Legal Q&A: Late returning security deposit; deductions still OK?

August 22, 2014

Question: If I miss sending a security deposit disposition with 21 days as required by law, must I return the entire deposit rather than deduct amounts owed, such as outstanding rent?

Answer: The law is silent on this point. As a result, some judges do and some judges do not allow the landlord to make a deduction from the deposit if not properly accounted for in accordance with California law. However, this does not mean that the damages to the unit, necessary cleaning and unpaid rent are not owed. In any event, landlords can pursue any monetary claims they have against former tenants in small claims court, notwithstanding failure to properly account for the use of the deposit.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: I served a 60-day notice to terminate tenancy last month. Now, the tenant has not paid rent for this month. Can I serve a three-day pay rent or quit without invalidating my 60-day?

Answer: Yes, so long as you do not ask for rent that goes beyond the 60-day notice period.

Question: The resident claims there’s mold in his apartment but now won’t let my maintenance person in to inspect for or make repairs. What can I do?

Answer: You can serve the resident with a notice to perform conditions and/or quit, the tenant to provide reasonable dates and times for the entry. If the resident fails to comply, you can commence an action for unlawful detainer (eviction) and apply for a court order allowing you access to the unit to make necessary repairs before possession of the unit is returned.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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Tagged: Columns Compliance Legal Q&A Security Deposits

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