Legal Question in Real Estate Law in California

California law says that a landlord must refund the entire security deposit, or a portion with itemized deductions, within 21 days of official move out. Does this mean the check and itemized list must arrive at my new address by the 21st day? Or does the envelope only have to be post marked by the 21st day?


Asked on 7/30/09, 5:53 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Mailed within 21 days. Don\'t bother filing suit thinking you\'ll get \'penalties\' as long as you get it in a \'reasonable\' time and they can properly document any deductions. Receiving it before any small claims court hearing would likely result in the court denying your claim or dismissing your action. That\'s just hard reality. Most judges aren\'t in the \'penalize the landlord\' business.

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Answered on 7/30/09, 7:00 pm


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