Lease vs the Law, which one goes?

[Ay Zed]

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!!

[Greg M.]

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.