Security deposit returned early, but accounting le

Security deposit returned early, but accounting le by Joan on December 7, 2018 @01:38

I returned my former tenants security deposit early (special circumstance-never before and never will again) but didn't get the letter saying what the unreturned portion was used for. They are threatening to sue, I'm wondering if they will have a chance at a judgement for 3x the security like California law allows with just the paperwork being late. California law is within 21 days and it was 32 days. Trying to figure out how much to worry.

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Re: Security deposit returned early, but accounting le by Garry on December 7, 2018 @10:08	[ Reply ]

Your story contradicts itself. You said you returned the deposit early. Yet you later said Cal. law says you have just 21 days to return the deposit, and you returned it at the 32 day point. So which is it------early or late? As far as them suing you goes, anybody, can sue anyone, for anything, at any time. Threatening to sue you, and actually doing it are 2 different things. What you should do now, is send another letter out ASAP, stating EXACTLY what you used their deposit for. If they do decide to sue you, at least you will have the letter to present to a judge, showing how you used their deposit. Hopefully, you took pics of all the damages before you started fixing them.

Re: Security deposit returned early, but accounting le by AnonymousFL on December 7, 2018 @12:22	[ Reply ]

Well, here are the statutes: https://codes.findlaw.com/ca/civil-code/civ-sect-1950-5.html There are allowable exceptions to the 21 day rule as far as providing receipts and explanation of charges. If you followed the statutes, then you would obviously be ok. If not, then it would be up to the judge and would likely be based on what you did provide. However, I don't see any reference to being penalized up to 3 times the security deposit. I know some areas have that sort of penalty, but even then it is up to the judges discretion. More likely, you would have to reimburse them for the deductions that you did not provide proper paperwork for. They usually don't utilize that penalty unless a landlord needs a solid slap on the wrist. As far as whether you should be worried, review the statute and decide how well you followed it. If you screwed up, you might want to settle by returning the deducted amount.

Security deposit returned early, but accounting le - Landlord Forum thread 358812