nunz

[nuna]

CA

The landlord is suppost to return the deposit or the deductions list within 21 days. How strict is this rule?

My landlord mailed out my listing on the 21st day and I am suing him because the deductions are unresonable and he has not given me the chance to ask even one question about the deductions.

Is the fact that I did not receive the itemization within 21 days enough to entitle me to the full deposit back or should I focus on the other merits of my case?

 

[I AM ALWAYS LIABLE]

CA

The landlord is suppost to return the deposit or the deductions list within 21 days. How strict is this rule?

My landlord mailed out my listing on the 21st day and I am suing him because the deductions are unresonable and he has not given me the chance to ask even one question about the deductions.

Is the fact that I did not receive the itemization within 21 days enough to entitle me to the full deposit back or should I focus on the other merits of my case?

My response:

Your "receipt" of your "listing" is not the issue. The issue is whether the LL mailed it out on or before the 21st day. You admit that the LL did so when you said, "My landlord mailed out my listing on the 21st day . . ." (See Civil Code section 1950.5).

Under California law, as soon as someone places a letter, or bill, or whatever, in the United States Mail system it is "deemed delivered" to the recipient - - despite that you may have physically "received" the listing on some later date. As long as the LL placed it in the mail by the 21st day, the LL has complied with the law.

Focus on whether the landlord has charged you for items he shouldn't have; i.e., has he charged you for things that amount to normal wear and tear?

IAAL