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I know each state has different laws about how much security deposit and how long before has to be refunded less damages.
For instance Idaho is 21 days or 30 days if agreed by both parties.
Does the 21 days for instance start counting from the date you turn the keys over done vacating or does it start from the last day of the tenancy you paid up until.
For instance if rent is paid until the 14th of next month August but you move out on July 25th (3 weeks early) and turn the keys over etc.. would the 21 day count start from the 25th of July or not until the 14th of August?
Does the 21 days for instance start counting from the date you turn the keys...
You are still a tenant until you have completely turned over the unit.
That includes clean up and trash disposal and any minor repairs that
your landlord has approved your doing.
Be sure to do it in writing and leave a good forwarding address.
Try to have the LL do a walk through when you're all done.
And for your own sake... take a bunch of very clear pictures.
You are still a tenant until you have completely turned over the unit.
That includes clean up and trash disposal and any minor repairs that
your landlord has approved your doing.
Be sure to do it in writing and leave a good forwarding address.
Try to have the LL do a walk through when you're all done.
And for your own sake... take a bunch of very clear pictures.
OK so as soon as they turn over the keys.... and everything cleaned that is when the countdown clock starts ticking for the security deposit refund even if your paid up until the end of the month.
I count from the last day of possession which is normally the last day of tenancy. I send checks/paperwork out on day 15 in a three day signature request mailing. So you get everything by day 18. In California.
What you can do is look at the state law regarding security deposits, and the language used. Normally, the countdown begins when the tenant vacates and turns over the keys - when they are no longer in possession of the property.
For instance, this is the language under CA Civil Code Section 1950.5(g) regarding security deposits & when the landlord has to return them or send an itemization of deductions:
"(g) (1) No later than 21 calendar days after the tenant has vacated the premises..."
What you can do is look at the state law regarding security deposits, and the language used. Normally, the countdown begins when the tenant vacates and turns over the keys - when they are no longer in possession of the property.
For instance, this is the language under CA Civil Code Section 1950.5(g) regarding security deposits & when the landlord has to return them or send an itemization of deductions:
"(g) (1) No later than 21 calendar days after the tenant has vacated the premises..."
Perfect example of why it is important to read the entire law and don't stop at the first period, or comma in this case. The very next bit says "but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy".
Idaho law is really unclear on this topic (I'm an Idaho property manager) If you read the actual law, it says fairly ambiguously that it is due 21 days (or 30 if agreed to in the lease) after the lease ends and the tenant vacates. It doesn't say "whichever is first", or "whichever is later", so the law seems to indicated that it is after BOTH have happened. But it then goes on to say afterward that it is after the tenant vacates.
If you read the state attorney generals' interpretation of the law, it says very clearly that it is after the lease ends.
Those two events are not necessarily the same time, which makes this a gray area. I've decided that it is better to err on the side of caution and refund it within 30 days after a tenant vacates, but an argument could easily be made by an Idaho landlord that they were following the official state guidelines if they were within 30 days of the end of the lease on a tenant who vacated early.
Perfect example of why it is important to read the entire law and don't stop at the first period, or comma in this case. The very next bit says "but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy".
I don't see why that would be earth shattering information. Why would you start counting the days to return the deposit before either party even gave the other notice of terminating? I thought that was a weird thing to include in the law, but I guess there would always be that one person who started counting when they'd get their deposit back before either party knew that the agreement was being terminated...
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