Question: Upon reading a “Three-Day Notice to Pay Rent or Quit,” I noted the statement, “…plus Owner/Agent may seek to recover an additional punitive award of $600.00 (six hundred dollars) in accordance with California law.” I would like to know the Civil Code Section allowing for this punitive damage.
Answer: The code section is California Code of Civil Procedure Section 1174(b). The section allows for up to $600 if you can prove malice.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: I had a tenant move out several months ago. I returned about $600 of his $1,000 deposit. He disputes all but $50 of the deductions and has threatened to sue me. He also has not cashed the refund check. How long does he have to sue me?
Answer: In California, the statute of limitations determines the time that you must bring suit to legally enforce a claim. For written agreements, it is four years from the time of the breach. For oral agreements, the statute of limitations is two years from the time of the breach.
Question: I rented to a married couple two years ago, and now the wife has moved out and filed for divorce. The husband is still living in the unit. The wife is demanding her portion of the security deposit back since she no longer lives there. What should I do?
Answer: California law does not require that the owner or manager account for the use of the security deposit until the rental unit is vacant, and the manager retakes possession. At that time, the manager has 21 days to account for the use of the deposit to any named tenants.
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.