AgentSmithers
Member
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
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