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In CA, if LL issues check on the 21st day, but then it bounces and you get the next check about a week later, does that still count as being within the 21 days? And also, when you go to pick up the check, and they agree to give you $100 more but then write the check out for an extra $400 more, do they have a right to sue you for the $400 that they mistakenly gave you?
I would be inclined to believe that it means the check was not returned within the 21 days allotted however, to be absolutely certain I would check with one of these sources to get advice:
In CA, if LL issues check on the 21st day, but then it bounces and you get the next check about a week later, does that still count as being within the 21 days? And also, when you go to pick up the check, and they agree to give you $100 more but then write the check out for an extra $400 more, do they have a right to sue you for the $400 that they mistakenly gave you?
If the check bounced you're looking at the ability to collect a lot more. Bouncing checks is illegal.
If the check was written and clearly a mistake you should return the difference as it's not yours to keep.
You've had your accounting of damages and the return o the deposit. Your issue is no longer your security deposit, it is collecting on a bad check, which, of course, you can attempt to do.
Yes, the landlord can sue you for the return of the excess funds. Whether or not he will want to, nobody knows except for the landlord. From your end of it, though, you've taken money that you know isn't yours, so you should return it.
In CA, if LL issues check on the 21st day, but then it bounces and you get the next check about a week later, does that still count as being within the 21 days? And also, when you go to pick up the check, and they agree to give you $100 more but then write the check out for an extra $400 more, do they have a right to sue you for the $400 that they mistakenly gave you?
If you don't have the cash in hand or bank account within the 21 days then LL is in violation. In WA if that happens you can file for 2x the amount. Also, I would not even cash the second check. Cashing it could be considered acceptance and void a lawsuit to recover even more.
You've had your accounting of damages and the return o the deposit. Your issue is no longer your security deposit, it is collecting on a bad check, which, of course, you can attempt to do.
Yes, the landlord can sue you for the return of the excess funds. Whether or not he will want to, nobody knows except for the landlord. From your end of it, though, you've taken money that you know isn't yours, so you should return it.
Return of deposit is not a bouncy check.. it's actual money. A fraudulent check is not a return of deposit.
California Department of Consumer Affairs' Consumer Information Center at (800) 952-5210.
Now that was easy............
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