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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Default Is There Exceptions to the 21 Days Rule for Returning Deposits

    My question involves landlord-tenant law in the State of: California

    This is the 23rd day after I moved out. And the landlord failed to return my security deposits to me. There is no notification regarding the security deposits.

    There problem is that in the lease, it said the landlord can extend the 21 days to any time required for the repairing and cleaning reimbursement. Does this override the 21days rule stated in the California law?

    And I read on a website and it said that " If the landlord misses the 21 day deadline, he forfeits the right to deduct anything." Is this true?

    Thank you very much!

  2. #2
    Join Date
    Sep 2005
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    75,479

    Default Re: Is There Exceptions to the 21 Days Rule for Returning Deposits

    First, a residential lease cannot modify the security deposit law.
    Quote Quoting California Civil Code, Sec. 1953.
    (a) Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy:

    (1) His rights or remedies under Section 1950.5 or 1954.

    (2) His right to assert a cause of action against the lessor which may arise in the future.

    (3) His right to a notice or hearing required by law.

    (4) His procedural rights in litigation in any action involving his rights and obligations as a tenant.

    (5) His right to have the landlord exercise a duty of care to prevent personal injury or personal property damage where that duty is imposed by law.

    (b) Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive a statutory right, where the modification or waiver is not void under subdivision (a) or under Section 1942.1, 1942.5, or 1954, shall be void as contrary to public policy unless the lease or rental agreement is presented to the lessee before he takes actual possession of the premises. This subdivision does not apply to any provisions modifying or waiving a statutory right in agreements renewing leases or rental agreements where the same provision was also contained in the lease or rental agreement which is being renewed.

    (c) This section shall apply only to leases and rental agreements executed on or after January 1, 1976.
    The statutory exception for estimates provides,
    Quote Quoting California Civil Code, Sec. 1950.5(g)(3)
    If a repair to be done by the landlord or the landlord's employee cannot reasonably be completed within 21 calendar days after the tenant has vacated the premises, or if the documents from a person or entity providing services, materials, or supplies are not in the landlord's possession within 21 calendar days after the tenant has vacated the premises, the landlord may deduct the amount of a good faith estimate of the charges that will be incurred and provide that estimate with the itemized statement. If the reason for the estimate is because the documents from a person or entity providing services, materials, or supplies are not in the landlord's possession, the itemized statement shall include the name, address, and telephone number of the person or entity. Within 14 calendar days of completing the repair or receiving the documentation, the landlord shall complete the requirements in paragraphs (1) and (2) in the manner specified.

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