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Landlord/Tenant
Questions and Answers
By Ted Kimball, Esq., Kimball, Tirey & St. John LLP How long do I have to mail the a substantial amount of damage. not request a security deposit of tenant the itemized security The fire department concluded more than one month’s rent for an deposit? the tenant was at fault. Can he be unfurnished unit, and two month’s liable for my deductible? And, can rent for a furnished unit, effective You need to send an accounting I take it out of his deposit? January 1, 2020. for the use of the security deposit within 21 days from the date you Yes, in fact he is responsible for We normally keep original rental took back possession. If you do all losses suffered (your insurance agreements, however, when would not have all of the amounts or company may want to pursue a copy not suffice? receipts in time, you should give him). the tenant an estimate and then The court requires the original send the final amount within 14 What are we allowed, by law, to unless it is lost; so you have to days after you receive the final charge a tenant for a security either produce it or testify under amounts and/or receipts. deposit? penalty of perjury that the original was lost without fraudulent intent. Is there a state law that requires a You are allowed to charge up to Court action is the main reason landlord to professionally clean a twice the amount of the monthly why you should keep originals. carpet prior to reoccupancy? rent as a security deposit so if the rent is $1000, you can charge up We have been asked if the No, however the tenant is to $2000 for your deposit. If the applicants have three days to obligated to leave the premises in property is furnished, you can change their mind after signing a the same state of cleanliness that charge three times the amount lease without being penalized, but the carpet was in when the tenant of the rent. You can also charge we do not know the law on this moved in. an additional half-month’s rent matter. as a security deposit if there is a There is no grace period in I have a tenant who caused a fire waterbed. If the unit is rented to California for residential tenants in an apartment which resulted in a service member, landlords may to change their mind. Once the October 2020 socalrha.org | 23
