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Security Deposit, good faith estimates, 21 days
by Rosie (California)
on November 25, 2015 @12:16
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Hello, within 21 days of my tenant moving out I sent her an itemized deduction list including receipts for work I have done so far. I was not able to complete all work yet so I also including some good faith estimates. After all is said and done I think I will owe her $5 of her security deposit. I did not include this $5 with the deductions.
Would she be able to argue that I did not follow the 21 day rule because I held that estimate $5 of her deposit until I completed ALL the repairs (including what I had estimated)? Or do I get more time (outside of the 21 days) since I included repairs that I have not yet completed?
Bottom line, my question is since I made estimates for good faith repairs was it okay for me to hold off on actually returning any money to her with 21 days?
She is threatening me and I want to make sure I am in compliance so any resources that clarify this (outside of CA cc 1950.5 which is not clear on this) would be appreciated.
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Re: Security Deposit, good faith estimates, 21 days
by MrDan (Georgia)
on November 25, 2015 @12:33
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If the landlord made a good faith estimate of charges – The landlord is allowed to make a good faith estimate of charges and include the estimate in the itemized statement in two situations:
(1) the repair is being done by the landlord or an employee and cannot reasonably be completed within the 21 days, or
(2) services or materials are being supplied by another person or business and the landlord does not have the invoice or receipt within the 21 days.
In either situation, the landlord may deduct the estimated amount from the security deposit. In situation (2), the landlord must include the name, address and telephone number of the person or business that is supplying the services or materials.
Within 14 calendar days after completing the repairs or receiving the invoice or receipt, the landlord must mail or deliver to the tenant a correct itemized statement, the invoices and receipts described above, and any refund to which the tenant is entitled. CC 1950.5(g) (1).
California Civil Code §1950.5 “Security Deposits”
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Re: Security Deposit, good faith estimates, 21 days
by anon (ca)
on November 26, 2015 @00:17
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No. tenant is due the money back in 21 days along with itemized list of amounts deducted from sec dep. or if work not done yet you deduct the estimated amount that you got from a repairman
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