Legal Question in Real Estate Law in California

security deposit 21-day limit

According to 1950.5(f), landlords have a 21 day limit to return the security deposit or provide a list of deductions.

Does the count exclude holidays and weekends? Is it a strict postmark date limit or a general guideline?

I submitted a letter of request for refund of my security deposit after receiving a partial refund with a postmark day of 23. Afterwards, I received a retaliatory letter demanding I write them a check. The landlords claimed they made a ''mistake'' and charged me less than I was liable for. Is the landlord's action legal?

Thanks.


Asked on 10/16/02, 1:52 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: security deposit 21-day limit

Unless a law specifies business days or court days (for example), it is calendar days by default.

The mailing date is controlling (rather than the date of receipt) and the postmark is strong evidence of the date of mailing, but not conclusive, I would think, since as we all know mail posted late Saturday won't be postmarked until the following Monday, or maybe later if Monday is a postal holiday.

In my opinion, there is nothing 'illegal' about anyone asserting a claim against anyone else if it is made with a good-faith belief that the claim is valid. If, however, a claim is blatantly false or made with the intent to harrass, retaliate or defraud, the making of the claim is improper and possibly civilly actionable, although the term 'illegal' is usually reserved for acts that are punishable as crimes, and this isn't.

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Answered on 10/16/02, 2:45 pm


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