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  1. #1

    Default Can Security Deposit Return Be Delayed By Federal Holiday In California

    Location: Costa Mesa, CA

    Can my old LL send my security deposit on 01/22 and still be within the 21 days due today's holiday (MLK) if I gave possession back to her on 12/31/08?

    LL says since today (1/21/08) is Holiday, she can send it the next business day and still be within the 21 days the law allows.

    Is she correct?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can Security Deposit Return Be Delayed By Federal Holiday In California

    She is incorrect.

    California Civil Code 1950.5 clearly states that you must have received the security deposit within 21 calendar days. Not business days, but calendar days:

    (g) (1) No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to the tenant.

    http://law.onecle.com/california/civil/1950.5.html

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