No proper notice vs. no proper receipt - Which trumps?

[artfish]

What is the name of your state? CA

I recently moved out of my apartment without giving the proper 30 day notice (In fact, I only gave a 5 day notice). Understandably, the landlord is withholding my security deposit and using it to pay for rent for the remaining 25 days (also she is making me pay an additional $200 to replace blinds).

However, there is another CA law that says that if the landlord does not give a receipt of expenses (or an estimate) within 21 days from the date the renter moves out of the apartment, then that renter is entitled to receive his full security deposit back. My landlord gave me this receipt about 27 days after I moved (probably to run out the remaining 25 days).

So my question to the legal buffs: which law trumps? The law that says I have to give 30 day notice or else I pay extra rent, but the law also says that the landlord must give me a receipt within 21 days or else she returns my deposit?

Thank you for reading.

 

[JETX]

My landlord gave me this receipt about 27 days after I moved (probably to run out the remaining 25 days).

Was it postmarked on or before the 25th day from the date you turned over ALL access (keys, etc.)???
If so, then you are SOL.

 

[south]

Even if you got the money back this will not disqualify the landlord from sue-ing you later for monies owed...its all a matter of how long will any returned money be sitting in your hand before the landlord files a claim and gets monies owed back.

What is the name of your state? CA

I recently moved out of my apartment without giving the proper 30 day notice (In fact, I only gave a 5 day notice). Understandably, the landlord is withholding my security deposit and using it to pay for rent for the remaining 25 days (also she is making me pay an additional $200 to replace blinds).

However, there is another CA law that says that if the landlord does not give a receipt of expenses (or an estimate) within 21 days from the date the renter moves out of the apartment, then that renter is entitled to receive his full security deposit back. My landlord gave me this receipt about 27 days after I moved (probably to run out the remaining 25 days).

So my question to the legal buffs: which law trumps? The law that says I have to give 30 day notice or else I pay extra rent, but the law also says that the landlord must give me a receipt within 21 days or else she returns my deposit?

Thank you for reading.

 

[artfish]

Was it postmarked on or before the 25th day from the date you turned over ALL access (keys, etc.)???
If so, then you are SOL.

It was postmarked a day or two after the 25th day from when I turned over all access. Does that help me?

Even if you got the money back this will not disqualify the landlord from sue-ing you later for monies owed...its all a matter of how long will any returned money be sitting in your hand before the landlord files a claim and gets monies owed back.

Yeah, that's what I was worried about. However, the CA Department of Consumer Affairs does say:

"What happens if the landlord doesn't deliver or mail a full refund or the required statement of deductions within 21 days as required by law? According to a California Supreme Court ruling, the landlord loses the right to keep any of the security deposit and must return the entire deposit to you. Even so, it may be difficult for you to get your entire deposit back from the landlord."

So the ambiguity centers around the landlord's loss of the right to keep the deposit. Is it a permanent loss of right, or can the landlord later reclaim back this money as you suggest?

 

[south]

SEE ABOVE Need I repeat myself?

According to a California Supreme Court ruling, the landlord loses the right to keep any of the security deposit and must return the entire deposit to you. Is it a permanent loss of right, or can the landlord later reclaim back this money as you suggest?