Lease vs the Law, which one goes?

Question

Hi everyone!

I am a renter who just moved out. The lease I signed with our landlord said:

SECURITY DEPOSIT: A Security Deposit in the amount of $3,500 (US Dollars) shall be required by the Tenant(s) at the execution of this Agreement to the Landlord for the faithful performance of all the terms and conditions of this Agreement. The Security Deposit is to be returned to the Tenant(s) within _10_ days after the end of the Lease Term less any damage charges and without interest.

California law says 21 days.

The landlord called out a couple of minor issues that he's upset about today. Tomorrow is day 10. Am I entitled to the full deposit amount based on the lease signed?

Thanks!!

Ay Zed · Answer

Well said! Thanks:)

Greg M. · Answer

I say they both apply.

If not returned within 10 days, the landlord is in breach of contract. For damages you'll need to go to court and prove your damages.

Otherwise, landlord has 21 days to return the deposit before breaking the law and you being entitled to damages laid out under the law.

Nathan Gesner · Answer

As a general rule of thumb, the law is what matters. However, if the lease is more restrictive than the law, and both parties agree to it, and it's in your favor, then you can argue for enforcement of the lease.

Here's my suggestion. There are only a few minor issues. Contact the Landlord, tell him the time is up, and offer him $100 or $400 or whatever you are comfortable with to cover those minor issues. Negotiate something you are both happy with, tell him he doesn't have to provide an itemized statement, and both parties are happy.

Life is so much better when we negotiate a win-win instead of being adversarial over minor issues.

Theresa Harris · Answer

The lease gives a shorter time than the law requires.  Wait until tomorrow and see what the landlord says.  If there are minor issues/damages, they will take that off the deposit.  They probably contacted you to give you a heads up.

Lease vs the Law, which one goes?

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