Security deposit refund & late fees (apartment, rental, house)

[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???

[AlwaysSmiling]

Of course not...she's trying to play on your inexperience as a landlord.
Don't buy into it. If you have signed, documented, radified contracts then you are fine.
Rental properties are fantastic write offs, but very, very dicey when you have a bad tenant.
Don't listen to her.

[ellemaew]

If the contract says last day of tenancy, then that is when time starts. Just because she decided to move out 10 days earlyer than doesn't change the terms of the contract. Keep a hold of her letter stating what her "last day of tenancy" was!

[susie4]

I have a rental house and when my tenants give notice, in the State of California, you legally must send the deposit back to them (or whatever portion you are sending depending upon the condition of the house/apartment for damage) within 21 days. If the tenant had paid through the 31st of the month, then the deposit needs to reach her/him within 21 days. If the tenant left 10 days early, it doesn't matter since the rent was paid through the 31st and you contract indicates that. The tenant should have it on the 21st of the following month or sooner if you choose to send it sooner.

[Justthoughtyoushouldknow]

21 days from the date she surrendered possession despite when she tells you she vacated. Just like when an occupant gives you a 30 day notice & moves 20 days into the notice, they would owe 10 more days. It is 21 calendar, not business days, from surrender of possession. Also, if you do not send an itemized listing of charges, receipts and deposit balance within the 21 days, she is legally off the hook for charges and can actually sue for up to 3 times her original deposit

[silvanocruz80]

I recently moved out of an apt. I received my security deposit back, but there is a $250 "apartment painting, paint and supplies" fee, and apartment cleaning fee. Are these valid fees.

[coyoteskye]

Originally Posted by silvanocruz80

I recently moved out of an apt. I received my security deposit back, but there is a $250 "apartment painting, paint and supplies" fee, and apartment cleaning fee. Are these valid fees.

Unless you did some serious damage to the walls / paint job i can't imagine that he has a right to keep that money.
And if you left the apartment as clean as when you found it he shouldn't be taking money for cleaning either.

[DMenscha]

Originally Posted by silvanocruz80

I recently moved out of an apt. I received my security deposit back, but there is a $250 "apartment painting, paint and supplies" fee, and apartment cleaning fee. Are these valid fees.

You should read your lease agreement carefully. If you and the landlord agreed to that provision it is entirely legal.

For the OP: Late charges are also legal (within limits) which should have been spelled out in the rental agreement.

[FashionD]

I recently moved out of a large apt complex in California. I believe the law states I should receive my deposit back within 21 days of move out, however, my landlord has sent me a letter telling me what he is deducting out of my deposit. And in the letter (received 10 days after move out), he says within another 30 days I will receive a check. Is this legal? Isn't the law for me to have my money within 21 days and not just a letter saying I'll get it in another 30?

[Ultrarunner]

Originally Posted by FashionD

I recently moved out of a large apt complex in California. I believe the law states I should receive my deposit back within 21 days of move out, however, my landlord has sent me a letter telling me what he is deducting out of my deposit. And in the letter (received 10 days after move out), he says within another 30 days I will receive a check. Is this legal? Isn't the law for me to have my money within 21 days and not just a letter saying I'll get it in another 30?

The Owner has 21 days to return any Security Deposit monies due the tenant...

Most Landlords will get a proof of mailing to prove they complied by mailing... sometimes the mail will come back because the tenant did not provide a correct forwarding address...

All the Landlord can do is to attempt returning a security balance to the last known address.

Sounds like in your case, the Landlord should refund the amount due now and then bill you for any shortage should legitimate costs be greater...

I always try to provide the tenant with a check at the time the keys are returned... we can go over any questions while we are both in the unit...

CA law also provides the tenant has the right to request a pre-move inspection so the Landlord can identify problems and the tenant will have time to remedy...

My experience is CA small claims court hold the landlord to the letter of the law...