How long does ex-tenant have to pay for damages, etc.?

[oohlalaw]

In California, if a tenant owes payment above the security deposit amount, if an accounting has been sent with receipts within 21 days, and if delivery confirmation (via certified mail signature card) of the security deposit accounting letter has been received by the landlord, how long does the ex-tenant have to pay the balance due?

And to save starting a new thread should the tenant not pay the balance due within the timeframe allowed in California . . . if a tenant does not pay the balance due on time, is the next step small claims court? The amount is approx $500.

Most websites focus on the rights of tenants but not landlords. For example, I don't see anything about this situation here http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

Thanks.

 

[FarmerJ]

I suppose you could wait a month but I suspect CA has not regulated tenant debt to LLs before there is a court order saying other wise, see at this point its a civil issue and even if you have proof the tenant did it if you reported the amount to a credit reporting service the debt is not proven or like if the tenant found a new place to live and LL contacts you and ask if tenant owes you any money for unpaid rent or damage and you say yes, its still not proven SO Id say there really is nothing to stop you from going and filing with small claims court (if its not enough to have to go to higher court) and let them hear your claim , have your proofs with you and the court will decide. If the court has ruled in your favor then theres the bigger issue , collecting it.

 

[oohlalaw]

If the court has ruled in your favor then theres the bigger issue , collecting it.

This is what we expect will happen. It will be hard to collect. She closed her email account and we don't know where she is liviing, but fortunately do have a PO Box address where she can be reached. We don't know how to reach her employer.

In hindsight, we should've used a rental agency. The lady had rented in the small neighborhood of 44 homes for 15 years and had lots of friends there, and two former landlords in the neighborhood sang her praises, so it seemed like there was hardly any risk renting to her.

Thanks for the info.

 

[STEPHAN]

... fortunately do have a PO Box address where she can be reached.

I have never reached anybody in a PO Box and I guess it would be hard to serve anything there. You can just wait until she shows up to pick up her mail.

 

[oohlalaw]

I have never reached anybody in a PO Box and I guess it would be hard to serve anything there. You can just wait until she shows up to pick up her mail.

She checks the PO Box as it's a business address for her, so we managed to get a returned signature card for sending the security deposit letter by certified mail. So far she has ignored the letter since the balance is in landlord's favor. We'll send a reminder next week but won't hold our breath.