Answers to your common questions
The landlord must send to the tenant a detailed accounting (see question " what information the landlord must provide to the tenant") of the security deposit as well as any security deposit remaining after deductions, or the whole deposit if there are no deductions, within 21 days after the tenant vacates the property. The deposit may be mailed on the 21st day and it is a good idea, although not legally required for the landlord to mail it by certified mail or at least obtain a proof of mailing from the post office to show compliance. As of January 1, 2013, after either party gives a notice of termination of tenancy the parties may mutually agree to have both the accounting and required receipts emailed to an email address provided by the tenant and may allow for the security deposit to be sent to an electronic funds transfer to an account designated by the tenant. (Civil Code section 1950.5(g).)
- A description of the property which is sufficiently clear to permit the owner of the property to identify it;
- The place where the property may be claimed;
- A statement to the owner that reasonable storage costs may be charged before the property is returned; Effective January 1, 2013 the notice must also state that if the tenant claims the property in a time period of not less than two days after the tenant vacated the premises, the tenant may minimize the costs of storage. (Cal. Civ. Code sections 1983(b), 1984).
- The date before which the claim must be made. The date given cannot be less than 15 days from the date the Notice is personally delivered, or, if mailed, 18 days from the date the Notice is deposited in the mail. (Cal. Civ. Code § 1983(b).)
- If the owner fails to reclaim the property, it will be sold at a public sale after a Notice of Sale has been given by publication;
- The owner has the right to bid on the property at the sale;
- Once the property is sold, the costs of storage, advertising, and sale will be deducted from the sale price and any remaining money will be paid over to the county; and
- The original property owner may claim the money at any time within one year from the date the county receives the money. (Cal. Civ. Code § 1984.)
- do not pay rent that is due;
- breach a covenant in the lease; or
- fail to move after proper termination of the tenancy.
Armando Ramos & Associates
1731 Howe Ave #245
Sacramento, Ca 95825
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