I recently moved out of a room I rented within a townhome for the past year less than two weeks ago (8/29/10) in the state of California. In the lease agreement, I put down a $750 security deposit which, under the stipulation of the contract, agreed would be paid back to me (minus any necessary deductions) within 6 months of my move out date. However, California law clearly states that security deposits must be returned within 21 days of the move out date. Upon moving out, I signed another agreement with my landlord understanding that I would receive my security deposit within 6 months time minus any necessary deductions. Question is, knowing that California State Law has clear standards for the return of a security deposit, am I entitled to the return of my $750 within 21 days or do I have to abide to the terms I originally signed onto with the lease agreement and wait a full 6 months before I receive back my deposit? Do I have the right to write for a request for the return of my security deposit if it is not returned to me within 21 days? I simply feel that waiting half a year for the return of my security deposit is overly excessive given the fact I rented out only a single room within a townhome as a student.
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Change of California Security Deposit Terms
- Thread starter LALaw
- Start date
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Zigner
Senior Member, Non-Attorney
The lease statement of 6 months is not valid. HOWEVER, after you moved out, you entered in to ANOTHER agreement that IS valid.
California landlord/tenant laws requires that the secuirty deposit (less deductions) be returned within 21 days of a tenant move out.
It's the law and your right. Anything you signed to the contrary is legally unenforceable.
If you do not receive your security deposit return and/or accounting within 21 days, send a letter demanding the return of your security deposit via certified mail return receipt requested.
It's the law and your right. Anything you signed to the contrary is legally unenforceable.
If you do not receive your security deposit return and/or accounting within 21 days, send a letter demanding the return of your security deposit via certified mail return receipt requested.
If you do not receive your security deposit return and/or accounting within 21 days, send a letter demanding the return of your ENTIRE security deposit via certified mail return receipt requested/ or registered mail. Also send the same by regular 1st class mail.
If you don't receive the accounting in 21 days you maybe entitled to 2 times the entire security deposit monies.
(I'll bill you later
)
If you don't receive the accounting in 21 days you maybe entitled to 2 times the entire security deposit monies.
(I'll bill you later
)
Last edited:
Here are the details:
Legal actions for obtaining refunds of security deposits
Suppose that your landlord does not return your security deposit as required by law, or makes improper deductions from it. If you cannot successfully work out the problem with your landlord, you can file a lawsuit in small claims court for the amount of the security deposit plus court costs, and possibly also a penalty and interest, up to a maximum of $7,500.261 (If your claim is for a little more than $7,500261, you can waive (give up) the extra amount and still use the small claims court.) For amounts greater than $7,500, you must file in superior court, and you ordinarily will need a lawyer in order to effectively pursue your case. In such a lawsuit, the landlord has the burden of proving that his or her deductions from your security deposit were reasonable.262
If you prove to the court that the landlord acted in "bad faith" in refusing to return your security deposit, the court can order the landlord to pay you the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit as a "bad faith" penalty. The court can award a bad faith penalty in addition to actual damages whenever the facts of the case warrant—even if the tenant has not requested the penalty.263These additional amounts can also be recovered if a landlord who has purchased your building makes a "bad faith" demand for replacement of security deposits. The landlord has the burden of proving the authority upon which the demand for the security deposits was based.264
Whether you can collect attorney's fees if you win such a suit depends on whether the lease or rental agreement contains an attorney's fee clause.265 If the lease or rental agreement contains an attorney's fee clause, you can claim attorney's fees as part of the judgment, even if the clause states that only the landlord can collect attorney's fees.266 However, you can only collect attorney's fees if you were represented by an attorney.267
Legal actions for obtaining refunds of security deposits
Suppose that your landlord does not return your security deposit as required by law, or makes improper deductions from it. If you cannot successfully work out the problem with your landlord, you can file a lawsuit in small claims court for the amount of the security deposit plus court costs, and possibly also a penalty and interest, up to a maximum of $7,500.261 (If your claim is for a little more than $7,500261, you can waive (give up) the extra amount and still use the small claims court.) For amounts greater than $7,500, you must file in superior court, and you ordinarily will need a lawyer in order to effectively pursue your case. In such a lawsuit, the landlord has the burden of proving that his or her deductions from your security deposit were reasonable.262
If you prove to the court that the landlord acted in "bad faith" in refusing to return your security deposit, the court can order the landlord to pay you the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit as a "bad faith" penalty. The court can award a bad faith penalty in addition to actual damages whenever the facts of the case warrant—even if the tenant has not requested the penalty.263These additional amounts can also be recovered if a landlord who has purchased your building makes a "bad faith" demand for replacement of security deposits. The landlord has the burden of proving the authority upon which the demand for the security deposits was based.264
Whether you can collect attorney's fees if you win such a suit depends on whether the lease or rental agreement contains an attorney's fee clause.265 If the lease or rental agreement contains an attorney's fee clause, you can claim attorney's fees as part of the judgment, even if the clause states that only the landlord can collect attorney's fees.266 However, you can only collect attorney's fees if you were represented by an attorney.267
They also by CA law MUST offer you a pre-move out inspection. Not less than 2 weeks before your move out date.
A tenant can ask the landlord to inspect the rental unit before the tenancy ends. during this "initial inspection" the landlord or the landlord’s agent identifies defects or conditions that justify deductions from the tenant’s security deposit. this gives the tenant the opportunity to do the identified cleaning or repairs in order to avoid deductions from the security deposit. the tenant has the right to be present during the inspection. the landlord must perform an initial inspection as described in this sidebar if the tenant requests it, but cannot make an initial inspection unless the tenant requests it. however, the landlord is not required to perform an initial inspection if the landlord has served the tenant with a three-day notice (an eviction notice) for one of the reasons specified in footnote 224. 224 Civil Code Section 1950.5(f)(1). The landlord is not required to perform an initial inspection if the landlord has served the tenant with a three-day notice because the tenant has failed to pay the rent, violated a provision of the lease or rental agreement, materially damaged the property, committed a nuisance, or used the property for an unlawful purpose
Landlord’s notice
the landlord must give the tenant written notice of the tenant’s right to request an initial inspection of the rental and to be present during the inspection. the landlord must give this notice to the tenant a "reasonable time" after either the landlord or the tenant has given the other written notice of intent to terminate (end) the tenancy (see pages 49–52 and 67–69). if the tenant has a lease, the landlord must give the tenant this notice a "reasonable time" before the lease ends. if the tenant does not request an initial inspection, the landlord does not have any other duties with respect to the initial inspection225 Civil Code Section 1950.5(f)(1).
Read more: Help! Landlord refuses to provide pre-move-out inspection! (lease, tenant, eviction) - Renting -Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum
A tenant can ask the landlord to inspect the rental unit before the tenancy ends. during this "initial inspection" the landlord or the landlord’s agent identifies defects or conditions that justify deductions from the tenant’s security deposit. this gives the tenant the opportunity to do the identified cleaning or repairs in order to avoid deductions from the security deposit. the tenant has the right to be present during the inspection. the landlord must perform an initial inspection as described in this sidebar if the tenant requests it, but cannot make an initial inspection unless the tenant requests it. however, the landlord is not required to perform an initial inspection if the landlord has served the tenant with a three-day notice (an eviction notice) for one of the reasons specified in footnote 224. 224 Civil Code Section 1950.5(f)(1). The landlord is not required to perform an initial inspection if the landlord has served the tenant with a three-day notice because the tenant has failed to pay the rent, violated a provision of the lease or rental agreement, materially damaged the property, committed a nuisance, or used the property for an unlawful purpose
Landlord’s notice
the landlord must give the tenant written notice of the tenant’s right to request an initial inspection of the rental and to be present during the inspection. the landlord must give this notice to the tenant a "reasonable time" after either the landlord or the tenant has given the other written notice of intent to terminate (end) the tenancy (see pages 49–52 and 67–69). if the tenant has a lease, the landlord must give the tenant this notice a "reasonable time" before the lease ends. if the tenant does not request an initial inspection, the landlord does not have any other duties with respect to the initial inspection225 Civil Code Section 1950.5(f)(1).
Read more: Help! Landlord refuses to provide pre-move-out inspection! (lease, tenant, eviction) - Renting -Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum
Bad Faith?
Thank you for your several responses. I rightly felt I was entitled to my security deposit within 21 days and not what was specified under the lease agreement. I now have another query. Upon vacating the premises on my move out date, I questioned my landlord about the 21 day rule and why I was agreeing to a 6 month period (when he made me sign the agreement understanding of when I would receive my security deposit). My landlord responded by saying that the California 21 day rule was simply too short FOR HIM. He maintained that HE needed more time to organize everything and get the prices from the service men that would come out and inspect the rented room.
Knowing this, I am curious as to if my landlord is acting in bad faith by keeping my security deposit longer than 21 days since he is fully aware of the 21 day California law after I questioned him about it. If the return of my security deposit must come down to a lawsuit in a small claims court, can I obtain twice the amount of my security deposit in damages with this claim of bad faith?
Thank you for your several responses. I rightly felt I was entitled to my security deposit within 21 days and not what was specified under the lease agreement. I now have another query. Upon vacating the premises on my move out date, I questioned my landlord about the 21 day rule and why I was agreeing to a 6 month period (when he made me sign the agreement understanding of when I would receive my security deposit). My landlord responded by saying that the California 21 day rule was simply too short FOR HIM. He maintained that HE needed more time to organize everything and get the prices from the service men that would come out and inspect the rented room.
Knowing this, I am curious as to if my landlord is acting in bad faith by keeping my security deposit longer than 21 days since he is fully aware of the 21 day California law after I questioned him about it. If the return of my security deposit must come down to a lawsuit in a small claims court, can I obtain twice the amount of my security deposit in damages with this claim of bad faith?
You bet you can. You have a very good case.
I doubt he offered you a pre-move out inspection as required by CA State law.
If this is also true. Document it. As it is more ammo against him for not following the law which his is to comply with.
I agree that 6 months is excessive.
A landlord cannot rewrite LL/TT law to suit their needs and expect it to be upheld in court. I would not want to be him when the Judge tears him a new one.
I doubt he offered you a pre-move out inspection as required by CA State law.
If this is also true. Document it. As it is more ammo against him for not following the law which his is to comply with.
I agree that 6 months is excessive.
A landlord cannot rewrite LL/TT law to suit their needs and expect it to be upheld in court. I would not want to be him when the Judge tears him a new one.
Zigner
Senior Member, Non-Attorney
I am not disagreeing. Go back and read my posts slowly and you might realize why.
I don't see how a second signed agreement would make any difference. Where is the property, the dwelling that the tenant is leasing? To me it only further proves that the Landlord is acting in bad faith. He has no right to hold this tenants money for his own personal reasons that he just can't seem to get things done.
Besides this is a term lease. Is my understanding. The lease terms cannot be altered or changed unless the lease has come to the end of the time period it was for. If the LL and TT agree to renew the lease. A new lease is drawn up with any changes agreed upon that are included in the contract.
I would like to read the lease language. Sounds like this lease is more creative writing than a contract that complies with CA law.
Besides this is a term lease. Is my understanding. The lease terms cannot be altered or changed unless the lease has come to the end of the time period it was for. If the LL and TT agree to renew the lease. A new lease is drawn up with any changes agreed upon that are included in the contract.
I would like to read the lease language. Sounds like this lease is more creative writing than a contract that complies with CA law.
Zigner, I have since learned from an attorney that California Civil Code Section 1950.5(g)(1) states:
No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, 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.
Furthermore, California Civil Code Section 1953(a) reads:
Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy:
(1) His rights or remedies under Section 1950.5 or 1954.
(2) His right to assert a cause of action against the lessor which may arise in the future.
(3) His right to a notice or hearing required by law.
(4) His procedural rights in litigation in any action involving his rights and obligations as a tenant.
(5) His right to have the landlord exercise a duty of care to prevent personal injury or personal property damage where that duty is imposed by law.
Therefore, the 6 month clause of the return of my security deposit was void from the moment I signed it. The agreement I signed onto upon my vacating the premises was merely an understanding of the original lease's terms, which itself was void. California law has specific rules for the return of one's security deposit. No contract can supersede California law.
No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, 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.
Furthermore, California Civil Code Section 1953(a) reads:
Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy:
(1) His rights or remedies under Section 1950.5 or 1954.
(2) His right to assert a cause of action against the lessor which may arise in the future.
(3) His right to a notice or hearing required by law.
(4) His procedural rights in litigation in any action involving his rights and obligations as a tenant.
(5) His right to have the landlord exercise a duty of care to prevent personal injury or personal property damage where that duty is imposed by law.
Therefore, the 6 month clause of the return of my security deposit was void from the moment I signed it. The agreement I signed onto upon my vacating the premises was merely an understanding of the original lease's terms, which itself was void. California law has specific rules for the return of one's security deposit. No contract can supersede California law.
**A: I agree with this as a side agrement between the parties cannot be contrary to state law.
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