Can I get sued for paying the security deposit back to the tenant in 2 installments and not within the required 21days ? (renter)

[sc2000d]

I have a situation. I have two properties. Currently both are empty. My last renter left end of last month. As per the california law I am suppose to pay my tenant back their security deposit in 21days after them leaving. With both the properties vacant at the same time I am having a hard time paying the whole amount at the same time.I offered them the deposit back in 2 payments.Ist part the first week of next month and the balance the first week the month after.They did not agree and wants the ful payment immediately. Now I leave out of california. Can they sue me ,even when I am willing to pay their security back, only in longer time?

[katenik]

yes they can sue you, and will win. when they do, you will lose any normally allowed deductions (if applicable) and will have to pay the full amount of the deposit. bite the bullet and pay your tenants as required by law. something else will have to give if you are cash-strapped this month.

incidentally, weren't you supposed to hold the deposit in an escrow account so this situation doesn't arise?

[Ultrarunner]

The law allows for the tenant to be awarded monetary damages in addition to court costs and the Full return of the deposit.

You also given up your claim to be reimbursed for any tenant caused damages if you've gone 21 days without notifying them in writing that the damages exceeded the deposit or returned the balance.

Get a cash advance on your credit card if you have to. After all, the deposit is their money and the courts hold the business owner, which is you, to a higher standard... not to mention that it reflects negatively on the entire industry.