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  1. #1
    need deposit now Guest


    in california, does the landlord have to return the deposit so many days after the move out date or the walk through date? if it is returned late, what recourse do i have?

  2. #2
    Mhami Guest

    CA Civil Code 1950.5

    The Landlord has 3 weeks to return the deposit to you after you return the keys.

    There is more to the code below, but I stopped at the point the discusses the length of time the landlord has to return the deposit.

    1950.5. (a) This section applies to security for a rental agreement
    for residential property that is used as the dwelling of the tenant.

    (b) As used in this section, "security" means any payment, fee,
    deposit or charge, including, but not limited to, an advance payment
    of rent, used or to be used for any purpose, including, but not
    limited to, any of the following:
    (1) The compensation of a landlord for a tenant's default in the
    payment of rent.
    (2) The repair of damages to the premises, exclusive of ordinary
    wear and tear, caused by the tenant or by a guest or licensee of the
    (3) The cleaning of the premises upon termination of the tenancy.

    (4) To remedy future defaults by the tenant in any obligation
    under the rental agreement to restore, replace, or return personal
    property or appurtenances, exclusive of ordinary wear and tear, if
    the security deposit is authorized to be applied thereto by the
    rental agreement.
    (c) A landlord may not demand or receive security, however
    denominated, in an amount or value in excess of an amount equal to
    two months' rent, in the case of unfurnished residential property,
    and an amount equal to three months' rent, in the case of furnished
    residential property, in addition to any rent for the first month
    paid on or before initial occupancy.
    This subdivision does not prohibit an advance payment of not less
    than six months' rent where the term of the lease is six months or
    This subdivision does not preclude a landlord and a tenant from
    entering into a mutual agreement for the landlord, at the request of
    the tenant and for a specified fee or charge, to make structural,
    decorative, furnishing, or other similar alterations, if the
    alterations are other than cleaning or repairing for which the
    landlord may charge the previous tenant as provided by subdivision
    (d) Any security shall be held by the landlord for the tenant who
    is party to the lease or agreement. The claim of a tenant to the
    security shall be prior to the claim of any creditor of the landlord.

    (e) The landlord may claim of the security only those amounts as
    are reasonably necessary for the purposes specified in subdivision
    (b). The landlord may not assert a claim against the tenant or the
    security for damages to the premises or any defective conditions that
    preexisted the tenancy, for ordinary wear and tear or the effects
    thereof, whether the wear and tear preexisted the tenancy or occurred
    during the tenancy, or for the cumulative effects of ordinary wear
    and tear occurring during any one or more tenancies.
    (f) Within three weeks after the tenant has vacated the premises,
    the landlord shall furnish the tenant, by personal delivery or by
    first-class mail, postage prepaid, a copy of an itemized statement
    indicating the basis for, and the amount of, any security received
    and the disposition of the security and shall return any remaining
    portion of the security to the tenant.

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