Clarity on 21 Limit and Receipts

[AgentSmithers]

What is the name of your state (only U.S. law)? California

Hi everyone, After reading this I have a couple of questions to clarify.
http://scholar.google.com/scholar_case?case=11612618167663359827&q=Granberry+v.+Islay+Investments&hl=en&as_sdt=2006&as_vis=1

Does the three weeks mean that it is delivered the day the landlord hits gets it in the mail or is it delivered the moment the tenant received such an invoice in his mailbox?
Does it have to be sent certified?

Section 1950.5, subdivision (e), allows a landlord to claim any portion of the security deposit reasonably necessary to compensate for unpaid rent, repairs, and cleaning. Section 1950.5, subdivision (f), provides in pertinent part: "Within three weeks after the tenant has vacated the premises, the landlord shall furnish the tenant ... 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." (3) From the plain language of the statute we conclude that a landlord (1) must return a tenant's security deposit within the 745*745 specified period after the termination of the tenancy, (2) may retain all or part of the security deposit as compensation for unpaid rent, repairs, and cleaning, and (3) must provide a written accounting of any amounts retained within the specified period. If, within the specified period, the landlord has not provided the tenant with a written accounting of the portion of the security deposit he plans to retain, the right to retain all or part of the security deposit under section 1950.5, subdivision (f), has not been perfected, and he must return the entire deposit to the tenant. (1c) Nevertheless, the mere fact that the landlord has lost the right to take advantage of the summary deduct-and-retain procedure of section 1950.5, subdivision (f), does not lead to the conclusion that he has lost all right to claim damages for unpaid rent, repair, and cleaning, whether through setoff or otherwise. The language of section 1950.5, subdivision (f), offers no clear guidance on this issue. Accordingly, we must look to the legislative history of section 1950.5 to determine the intent of the Legislature on this point. (People v. Woodhead, supra, 43 Cal.3d 1002, 1008.)

Thanks!
-Agent

 

[FamilyGirl]

What is the name of your state (only U.S. law)? California

Hi everyone, After reading this I have a couple of questions to clarify.
http://scholar.google.com/scholar_case?case=11612618167663359827&q=Granberry+v.+Islay+Investments&hl=en&as_sdt=2006&as_vis=1

Does the three weeks mean that it is delivered the day the landlord hits gets it in the mail or is it delivered the moment the tenant received such an invoice in his mailbox?
Does it have to be sent certified?

Section 1950.5, subdivision (e), allows a landlord to claim any portion of the security deposit reasonably necessary to compensate for unpaid rent, repairs, and cleaning. Section 1950.5, subdivision (f), provides in pertinent part: "Within three weeks after the tenant has vacated the premises, the landlord shall furnish the tenant ... 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." (3) From the plain language of the statute we conclude that a landlord (1) must return a tenant's security deposit within the 745*745 specified period after the termination of the tenancy, (2) may retain all or part of the security deposit as compensation for unpaid rent, repairs, and cleaning, and (3) must provide a written accounting of any amounts retained within the specified period. If, within the specified period, the landlord has not provided the tenant with a written accounting of the portion of the security deposit he plans to retain, the right to retain all or part of the security deposit under section 1950.5, subdivision (f), has not been perfected, and he must return the entire deposit to the tenant. (1c) Nevertheless, the mere fact that the landlord has lost the right to take advantage of the summary deduct-and-retain procedure of section 1950.5, subdivision (f), does not lead to the conclusion that he has lost all right to claim damages for unpaid rent, repair, and cleaning, whether through setoff or otherwise. The language of section 1950.5, subdivision (f), offers no clear guidance on this issue. Accordingly, we must look to the legislative history of section 1950.5 to determine the intent of the Legislature on this point. (People v. Woodhead, supra, 43 Cal.3d 1002, 1008.)

Thanks!
-Agent

Can you clarify your question? Are you asking about the return of a security deposit/accounting statement from a landlord to a tenant who has vacated?

 

[Gail in Georgia]

When there is a question on when the information regarding a security deposit is sent, it is often determined by the postmark on the envelope.

Once it leaves the landlords/managements hands, they have no control over when the former tenant will receive the actual notice.

Gail

 

[AgentSmithers]

When there is a question on when the information regarding a security deposit is sent, it is often determined by the postmark on the envelope.

Once it leaves the landlords/managements hands, they have no control over when the former tenant will receive the actual notice.

Gail

So mail is considered legally delivered once it hits the postoffice from the LL hands correct?
The letter I have however does not have a postmark on it but shows it was dated two weeks after the move on the paperwork?
Does he have to get it to me within three weeks or mail it out by the third week to meet the security deposit code?
How can I discover when he sent the actual letter in the mail?
Is it up to the LL to prove he mailed the deposite within the three weeks?

 

[justalayman]

So mail is considered legally delivered once it hits the postoffice from the LL hands correct?
The letter I have however does not have a postmark on it but shows it was dated two weeks after the move on the paperwork?
Does he have to get it to me within three weeks or mail it out by the third week to meet the security deposit code?
How can I discover when he sent the actual letter in the mail?

how was it mailed and not end up with a postmark?

 

[AgentSmithers]

how was it mailed and not end up with a postmark?

I have no clue, I thought 100% of all mail gets postmarked but this one has no signs of any what so ever. It has a Stamp but that is all.
So what should I do from here?

 

[justalayman]

unless the "stamp" is a bulk mail stamp or some other form of imprinted stamp placed by the post office, it would appear it was not mailed but hand delivered. Maybe the LL put it in your mailbox but attached a stamp just in case the postman saw it before you did. It is illegal to use a post box for the delivery of mail that has not been paid for through the USPS.


Maybe he knew it was late but stamped it and placed it in your box as a ruse and would attempt to claim he mailed it and the date of mailing is the critical date.

so, with no postmark to show a date of processing by the USPS, I would consider the date it was received as the date to use for the purposes of the statute.

just so you are aware; you do realize that even if he did not act within the 21 days he can still file suit to claim damages, right? and it is up to a judge to determine if the deposit was withheld beyond the 21 days classifies as being "in bad faith" which could invoke punitive damages, right?

a court could accept a LL's reason behind it being over 21 days and not determine it having been "in bad faith". Per statute, anything withheld would have to be returned to the tenant BUT if the LL did file a counterclaim, he could be awarded his damages.

 

[AgentSmithers]

unless the "stamp" is a bulk mail stamp or some other form of imprinted stamp placed by the post office, it would appear it was not mailed but hand delivered. Maybe the LL put it in your mailbox but attached a stamp just in case the postman saw it before you did. It is illegal to use a post box for the delivery of mail that has not been paid for through the USPS.


Maybe he knew it was late but stamped it and placed it in your box as a ruse and would attempt to claim he mailed it and the date of mailing is the critical date.

so, with no postmark to show a date of processing by the USPS, I would consider the date it was received as the date to use for the purposes of the statute.

just so you are aware; you do realize that even if he did not act within the 21 days he can still file suit to claim damages, right? and it is up to a judge to determine if the deposit was withheld beyond the 21 days classifies as being "in bad faith" which could invoke punitive damages, right?

a court could accept a LL's reason behind it being over 21 days and not determine it having been "in bad faith". Per statute, anything withheld would have to be returned to the tenant BUT if the LL did file a counterclaim, he could be awarded his damages.

Yes, I do relise that. Thank you for your Advise. It seems I should file a Claim knowing them and leave it to him to Counter.

 

[STEPHAN]

But you are aware that if he sues you, it will stay on file forever?

 

[AgentSmithers]

But you are aware that if he sues you, it will stay on file forever?

So it looks bad for futuring renting expereince basicly and Loan applications correct?

 

[STEPHAN]

I don't think it matters for loan applications.

But as a LL I always do a background/credit check and pulling court records is part of it.

 

[justalayman]

Actually it can affect loans. It does go to credit worthiness. A person that was evicted is considered to be more of a credit risk.

 

[AgentSmithers]

Actually it can affect loans. It does go to credit worthiness. A person that was evicted is considered to be more of a credit risk.

No Eviction took place, left on positive terms. However when the security deposit came to the new address it was for the amount of $5 out of $600 and about 45 days later after the move.
Althrough if part of the security despoit is deserved to be kept I don't believe it should be $595 worth.
Thanks for all the useful information everyone!

 

[justalayman]

No Eviction took place, left on positive terms. However when the security deposit came to the new address it was for the amount of $5 out of $600 and about 45 days later after the move.
Althrough if part of the security despoit is deserved to be kept I don't believe it should be $595 worth.
Thanks for all the useful information everyone!

Ok, then you would have a money judgment against you. That is a negative as well. It will lower your credit score and lenders tend to hesitate lending to people that had to be sued so they would pay what they owe. While it is explainable to an extent, many lenders are not going to look into it that or give you a chance to explain.

 

[AgentSmithers]

Ok, then you would have a money judgment against you. That is a negative as well. It will lower your credit score and lenders tend to hesitate lending to people that had to be sued so they would pay what they owe. While it is explainable to an extent, many lenders are not going to look into it that or give you a chance to explain.

That is only if the Judgement is granted correct?