What is the law on returning a tenants deposit, time frame?

Question

I live in CA and am doing a final walk thru with a tenant (actually being evicted for breaking lease for a number of reasons) and was wondering what the law is on how many days I have to return the deposit after there last day. Also they were supposed to be out at 5pm today (sat) but aren't going to be moved out until tomorrow..should I charge an extra day? Honestly, I just want this over and done with bcuz of all there games. Any advice would be so helpful.

Also, anything special I should check for on the walk thru that wouldn't be obvious to the eye?

Answer 1

In CA you must either return the tenant's deposit, or provide the tenant with a detailed written accounting of the deposit within 21 days from the date they deliver possession of the premises to you.

http://www.dca.ca.gov/legal/landlordbook/catenant.pdf

Answer 2

Most leases allow you to keep the security deposit if the tenant breaks the lease. If yours doesn't, the time frame is usually between 30 and 45 days. You'll have to check your local code for a more exact time. Type "Landlord laws" or similar in a search engine.

If you want to charge the extra day, you can take it out of the security deposit also.

I'd check that all the appliances work, faucets, that kind of stuff doesn't always "look" broken even when someone has messed it up. Make sure there are no posters or anything on the walls that could be concealing holes. I'd also do another walk through after they move out before you return the deposit.

Answer 3

in a lot of states the owner is require to inform the tenant in writting interior 60 days of the tenant transferring out how many of the protection deposit he's conserving and precisely why. in case you do not get carry of the deposit or an itemized list interior 60 days write the owner a letter soliciting for the go back of your protection deposit. If he does no longer reply with an answer that you're happy with record a small claims case for 3 circumstances the quantity of the deposit. always take pictures of the homestead when you've finished transferring out and cleansing up. this can be your in undemanding words information as to the situation you left the homestead in until eventually you acquire the owner to do a walkthrough and signal off retaining what the situation of the homestead replaced into.

Answer 4

It may vary from state to state but I suspect that the walk-thru should be done ASAP and final disposition within 30 days from the date they've officially vacated the premises (CA is one of those states that protects the bad guys more than the good so it could be less).

If they were responsible, make sure they've paid the water bill. Make sure none of the drains are clogged, that there is no roach/rodent infestation (come at night, turn lights on, and see if they scatter) and that all the appliances are clean and in good working order.

You may be able to prorate a hold-over charge for the extra day and deduct it from deposit but I'd check to be sure so it won't come back to haunt you later. You should vistit your local govenment's web site and look for "landlord-tenant affairs" and look for the regs as well as phone number of who to call on Monday. Good luck.

Answer 5

if the deposit is owed them it should be returned within 30 days as long as they have left the apt. in a condition to be rented again, if not then the usual fees will be charged to the tenant to cover such charges to restore the unit to a rent-able state and will come out of the deposit and if said deposit
does not cover the charges to return the unit to a rental state,
tenant will be charged for all cost incurred to make it rent-able
to a new tenant. charging an extra day is legal, that is one less day that you don't get $ from a new tenant.
just for future reference; get you a well defined lease agreement so you won't have to worry about this in the future.

Answer 6

Do you mean California? California is 21 days. Take the extra day of rent out of the deposit, don't accept any more money from them directly or you screw up the eviction process. If you do a walk through with them, you do it when you GET THE KEYS AND THEY ARE OUT. You don't do it while they are still moving because they want you to tell them what you are going to deduct, and you can't determine that until they are gone. They will tell you they are going to clean and remove trash, but until they do, you don't allow yourself to quote any figures about financial returns.