Is security deposit refund deadline a "received by" or a "postmarked" date?

[oohlalaw]

Is security deposit refund deadline a "received by" or a "postmarked" date?

In California, does the security deposit have to be (a) received by the tenant or (2) mailed/postmarked no more than 21 calendar days after a tenant moves out?

Our tenant, whose lease expired on Oct 31st, moved out on Nov 4th (and lives about 15 miles away now) but didn't show up for an appointment to pick up two things (two old headboards that we think she no longer wants) and return our 3 garage door openers. She has not replied to emails about picking up her headboards and returning our garage door openers. We don't want to miss the deadline to send the security deposit letter. So if she moved out on the 4th, does she have to *receive* the security deposit refund 21 days after she moved out (that would be the 25th, I presume), or does our security deposit refund letter have to be *postmarked* no later than the 25th? We plan to send it via certified mail.

We have been waiting to hear from her before making the final account, but obviously we can't keep waiting if it causes us to miss the deadlilne http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

Thanks.

 

[Zigner]

Generally, postmarked. But what good can come from waiting?

 

[oohlalaw]

Generally, postmarked. But what good can come from waiting?

We would like for the final accounting to be as accurate as possible. If she is going to return the garage door openers, we don't want to charge her for new ones.

Thanks!

 

[justalayman]

don't wait/


send the accounting with the facts as of the date sent. If she returns the openers, you can refund the extra. If you wait and miss the deadline, you must return the entire deposit and sue for anything you want to claim.

 

[FarmerJ]

Stop waiting if this tenant really thought that your garage door openers and the things they left behind were that important to them they first would have contacted you and apologized about the openers with in a day or two of leaving and made sure you got them back well before now! the stuff they left behind treat it as abandoned and include a notice that says the time clock has started on the things you left behind you have x days to pick those things up or they will be disposed of ( x days according to your states laws for abandoned property) Send this via confirmed mail delivery or certified mail now and change the codes on your opener ASAP , you dont have to wait any longer.

 

[oohlalaw]

Will send the security deposit refund things today. Thanks!