Security deposit refund late; illegal late fee?? (apartment, rental)

[newlandlord]

I have a tenant who is complaining that i refunded her deposit late. per our agreement the refund would be sent 21 days after the last date of tenancy, which is when I sent it.

She is now claiming it was due 21 days after she "vacated".

In this case with her 30 day notice, the final date of tenancy was May 12. However, she physically left on May 2.

Does anyone know whether it is 21 days from last date of tenancy or from the time the tenant physically left even if it is prior to the end of the 30 day notice period?????

She is also claiming that late rent fees are illegal. is this true. It is in our rental agreement, I timely notified her I expected it and then deducted it from the deposit per her request.

Is it illegal???
how can i fix it???

[Ultrarunner]

Deleted, sorry for Double Posting

[Ultrarunner]

First question... are you governed by rent control laws where the rental property is located, if so, then that is where you need to look for the answers to your questions. Also, do you belong to your local apartment owner's association?

In Small Claims Court, Tenant vs Landlord, regarding security deposit issues, the Tenant is allowed more leeway to make a case. The reasoning is that the renting of property is a business and as such, the Landlord is held to a higher standard to know the law relating to their business.

I have interceded on the behalf of former tenants when they've had problems with their current Landlords. It is not unusual for former Tenants to call and ask for advice.

Most recently, a Landlord failed to either return the deposit in full or provided a written explanation of charges within 21 days. I called the Landlord and politely explained that he screwed-up and irregardless of any other issues, the former Tenant is entitled to the return of her full deposit without delay, otherwise she is going to Court and asking for treble damages as allowed by law. She received her money that day.

In court, I would argue that you returned the deposit balance by First Class Mail with Post Office Proof of Mailing within the 21 days from the end of the rental.

You might have a problem if your late fees are deemed excessive or you have not been diligent on collecting them as they accrued. The Tenant could argue that she knew about the late fees and thought that you waived them, since you did not collect them when she paid late. Did you follow-up in writing that you deducted the late fee from her deposit as requested?

To avoid these situations, I, almost without exception, do a move-out walk through with the resident and prepare my itemized list of charges based on the move in condition and inventory check list on the spot. We talk about any issues and then I write a check and hand it to them. It works for me and avoids bad feelings.

[Paula Lynn]

You have 21 days after the date they vacate and turn in the keys.

[Ultrarunner]

Thanks Paula, I tend to ramble at times!

[DaSkorpion]

Originally Posted by Paula Lynn

You have 21 days after the date they vacate and turn in the keys.

==============

I dont remember if its either 21 or 30 days...but whatever you have in the contract should hold - so in short you have 21 days after the may 2nd vacation date.

[newlandlord]

Originally Posted by Paula Lynn

You have 21 days after the date they vacate and turn in the keys.

so... if it is returned late, (>21 days from vacation) is she entitled to a full refund. She left owing 12 days rent and utilities? Isn't she still liable for those days.


Or is this getting into a court issue.

[Ultrarunner]

California Civil Code 1950.5 is the State Law governing security deposits. You local jurisdiction may add additional requirements such as paying interest on deposits held.

Here are two relevant sections:

(f) Within three weeks after the tenant has vacated the
premises, the landlord shall furnish the tenant, by personal
delivery or by first-class mail, postage prepaid, a copy of an
itemized statement indicating the basis for, and the amount of, any
security received and the disposition of the security and shall
return any remaining portion of the security to the tenant.

(l) The bad faith claim or retention by a landlord or the landlord'
s successors in interest of the security or any portion thereof in
violation of this section, or the bad faith demand of replacement
security in violation of subdivision (j), may subject the landlord or
the landlord's successors in interest to statutory damages of up to
twice the amount of the security, in addition to actual damages. The
court may award damages for bad faith whenever the facts warrant that
award, regardless of whether the injured party has specifically
requested relief. In any action under this section, the landlord or
the landlord's successors in interest shall have the burden of proof
as to the reasonableness of the amounts claimed or the authority
pursuant to this section to demand additional security deposits.

[newlandlord]

is miscalculating the days on the mistaken belief that they were due 21 days from the end of tenancy... bad faith??

[ibarrio]

Not knowing the law is an excuse that the Judge will not take.

When I first to California I rented and the landlord tried to play me for a fool.

I did not owe any money (late fees, back rent, etc.) and the house was spotless. He wanted me to replace the entire carpet (it was already ten years old but in great condition when we moved in). We left it in great condition and even had it professionally cleaned but he still wanted to take the entire deposit to replace it. He told me the carpet was old and that it needed to be replaced and he could do so with our money.

Hell No!

After a nasty phone call in which he stated he was still keeping the money. I went by the book and sent a nice cordial letter to his lawyers advising that I know my rights (referenced them) and will take action. I had my full refund check immediately. Which was almost $4000.