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Re: Security Deposit, good faith estimates, 21 days
by Rosie (California)
on November 25, 2015 @12:46
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Yes, that is what the civil codes says. I am asking for clarification...
So did I have to return a check within 21 days or not since I made estimates for other repairs that haven't been completed?
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Re: Security Deposit, good faith estimates, 21 days
by Garry (Iowa)
on November 25, 2015 @13:58
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If you have all the repairs done, and your figures show that she will get $5 back, then send a copy of all your figures, along with a $5 check ASAP. Do not worry as to whether you are "out of compliance" or not. That will be for a judge to decide, if the former T decides to take you to court. You will be MORE "out of compliance" the longer you wait to send her anything.The T would have disagreed with your figures, even if she was getting back HALF of her deposit. Once she has your statement about the deposit, it's up to her if she wants to take you to court, and that's something you have no control over.
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Re: Security Deposit, good faith estimates, 21 days
by MrDan (Georgia)
on November 25, 2015 @14:33
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Within a 21-day period, the landlord must send an accounting by personal delivery or first-class mail. The accounting must include the amount of the security deposit, copy of statements or invoices, a description of any deductions made from the deposit, such as cleaning or damage, or unpaid rent. The accounting must also include payment for any remainder of the security deposit due to be refunded to the tenant. (If you are returning the full security deposit, you must return it within 21 days)
For Good Faith Estimates
If the accounting contains a good faith estimate for any repair that cannot be completed within the 21 day period. Then, in that case, upon completion of the damage repair, the landlord has an additional 14 days after the repair is completed to send any remaining security deposit or a corrected security deposit statement for any additional money the tenant owes.
In the case of good faith estimates, no security deposit is refunded until the repair work is completed and then, within 14 days of the completed work, the landlord is required to refund any remaining security deposit or present a corrected security deposit statement for any additional amount the tenant may owe.
So you do not send a check if the security deposit statement is providing a good faith estimate until the work is completed.
Example,
9/31/15 - Tenant vacates rental property.
10/15/15 - Landlord sends security deposit statement containing a good faith estimate of repairs that cannot be completed within 21 days of tenant vacating.
10/30/15 – Landlord completes repairs.
11/13/15 – Landlord must send out corrected security deposit statement and any remaining security deposit before this date
Hope this helps.
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