security deposit : ezLandlordForms

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security deposit

Maria G

started a topic about 15 years ago

Our tenents have been late several times and have had 2 nsf's. They now have to pay by cashiers check. They have been in violation of the lease because of this. They are now current with rent. They want to give 30 day notice to move. I have sent several letters in past stating that lease has been broken and deposit has been lost. Can I really not return the $1000.00 deposit? We have had to use it to make payment when they were short with the rent 3 times. Please advise, this is for California.

150 Comments

Brian A

said over 11 years ago

I really dont see how one day would make any difference. But you said you "post dated" the check? So did you give it to her before the 30 days but just post date it? Do you have a reciept of that? Most states have the "within 30 days" to return any portion of the deposit but you will have to check with your State to see about if that means they can require full payment or not. I would think it just means thats how long they have to wait until they can file legal action for non payment. Since she did not file and has in fact been returned her remaining deposit I dont see where she can require you to pay in full. I would write her a letter explaining you have returned the money as required and legal action would in fact cost her far more than she could gain. Dont admit putting the wrong date on the check. Leave that for in case she does file. Then just say you must have written the wrong Date on it is all and it was only one day. If ou have proof of damages and the cost of repair you should be OK.

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