 ? Deposit return (by Mick [CA]) Sep 30, 2018 10:20 AM
 ? Deposit return (by Kathy [CA]) Sep 30, 2018 10:48 AM
? Deposit return (by Kathy [CA]) Sep 30, 2018 10:52 AM
? Deposit return (by Mick [CA]) Sep 30, 2018 11:32 AM
? Deposit return (by fred [CA]) Sep 30, 2018 12:03 PM
? Deposit return (by Jimin O C [CA]) Sep 30, 2018 12:37 PM
? Deposit return (by Mick [CA]) Sep 30, 2018 12:40 PM
? Deposit return (by Mick [CA]) Sep 30, 2018 5:51 PM
? Deposit return (by WL [CA]) Sep 30, 2018 7:29 PM
? Deposit return (by Moshe [CA]) Oct 1, 2018 7:41 AM
? Deposit return (by Mick [CA]) Posted on: Sep 30, 2018 10:20 AM
Message:
State Specific Question About: CALIFORNIA (CA)
M2M tenant moves out & returned keys on Wednesday, 9/26. Rent is paid through 9/30. I have 21 days to return the deposit. Do I count the 21 days from the day I received the keys or from 10/1? Unit is still vacant. --76.238.xxx.xxx |
? Deposit return (by Kathy [CA]) Posted on: Sep 30, 2018 10:48 AM
Message:
From the date you received the keys.
--208.74.xxx.xxx |
? Deposit return (by Kathy [CA]) Posted on: Sep 30, 2018 10:52 AM
Message:
Forgot to ask, did they give 30 days notice? If not, you can deduct the rent for the remaining days of the notice period they should have given as long as it hasn't been re-rented for any of those days.
You can amend the deposit disposition after the 21 days if you end up getting a tenant and refund more or if more damages that couldn't be foreseen by you come to light (for example an unpaid garbage bill for the period of the tenancy) --208.74.xxx.xxx |
? Deposit return (by Mick [CA]) Posted on: Sep 30, 2018 11:32 AM
Message:
@Kathy, yes, he gave 30-day vacate notice. “Joe” started bugging me about the deposit even before he left and I got another text this morning. Just from eye-balling the unit, it looks like the deposit will just cover the cleaning & painting I have to do. No forwarding address. Joe moved to Mexico and wants to pick-up deposit in person. I don’t expect to get another tenant until October mid-month. --76.238.xxx.xxx |
? Deposit return (by fred [CA]) Posted on: Sep 30, 2018 12:03 PM
Message:
1. You have 21 days to send the T who moved out a closing statement and SD accounting. You start counting the day after you took possession and keys were returned.
2. You mail the closing statement to the T's last known address. For your safety, there is no need for you to meet the T in person.
3. Painting the unit is not something a CA judge would allow for, it's considered wear and tear. Now, wall damages, that you can prove were made by the T, are allowed. Cleaning is allowed. Trash removal, disposal of personal possessions are allowed. Every deduction on the closing statement should be supported by receipts. Some judges even want to make sure they work has been done.
4. Supporting pics of the first day of tenancy and after move out will help your case. I had a case when the judge refused to look at my pics, but I couldn't force her look at them.
5. You said that Joe is bugging you about the deposit - have you explained to him how the process goes? --99.59.x.xxx |
? Deposit return (by Jimin O C [CA]) Posted on: Sep 30, 2018 12:37 PM
Message:
Did you offer a pre-move out inspection with tenant present 2 week before move out to identify damages you will be assessing his deposit? If not your position is shaky. --75.22.xx.xx |
? Deposit return (by Mick [CA]) Posted on: Sep 30, 2018 12:40 PM
Message:
@Fred, I do have move-in pics. Entire property was renovated down to the studs, and this was the first tenant. Two walls have basketball-size bald spots where tenant’s bed and head rubbed against the wall; it’s a studio unit. Small scratches on other walls can be patched.
Joe and his wife are Spanish-speaking, so communication is iffy at times. --76.238.xxx.xxx |
? Deposit return (by Mick [CA]) Posted on: Sep 30, 2018 5:51 PM
Message:
@Jim, I did the pre-inspection on 9/14 and we discussed some visible patch work. Unit was still completely furnished, so until the furniture was moved I couldn’t see the actual bigger damage on the walls. The post-inspection was the day tenant turned in the keys. Now that I’m finally cleaning, I can see the grease on the CEILING & mold behind refrigerator. --76.238.xxx.xxx |
? Deposit return (by WL [CA]) Posted on: Sep 30, 2018 7:29 PM
Message:
Had a tenant move out last month and she and her boyfriend had been smoking in the apartment. Had to have the walls cleaned and the ceiling sprayed to cover the smoke stains. You might want to buy a nicotine test and test the walls for cigarette or pot smoke. --201.140.xxx.xx |
? Deposit return (by Moshe [CA]) Posted on: Oct 1, 2018 7:41 AM
Message:
Fred is correct: the 21 day clock starts on the day AFTER you received possession, although most judges are a little lenient about a few days errant. The code provides for delaying the deposit return when all of the necessary information is not readily available, but you must provide a good-faith estimate including return of obviously owed money.
--47.139.xx.xxx |
Reply:
|
|