All Forum Posts by: Danielle P.

@Jeff B. - In fairness, all tenants DID sign the leases as they were produced which is why I'm so frustrated about the past damages issue. I can understand where the logic comes from but it still feels unfair to point out known damages for the first time as we're moving out.

@Cam Coplin Luckily we have no disputes on rent - we paid the rent in full and owed nothing at the time we moved out.

In terms of the damages - It feels unfair for the LL to point out, as we're leaving, that a previous tenant broke a single pane of the double-paned glass on a sliding door in the detached garage. We didn't know there was any damage because the door still looks normal and great and opens and closes without issue. It wasn't until she pointed it out that we looked and saw there was indeed another pane of glass there at one time. With this logic, it seems she could say that there were numerous damages or missing items from the past that she expects us to pay for - I don't think she's doing that but it still doesn't feel right. Apparently she knew about this issue when it happened - Wouldn't it seem fair that it was her responsibility to collect monies from the responsible parties instead of passing it onto the next tenant? Especially without disclosing it first? 

When my boyfriend moved in,  LL drew up a new lease for him and the last roommate as they were the two living there. Later, when I moved in, she drew up another new lease that listed just me and my boyfriend. Does the roommate issue matter if we all received new leases (as opposed to subletting)?

PS - so grateful for this community, you guys are such a great help! 

@Mindy Jensen - I emailed the landlord and asked if there were any updates on our deposits and mentioned the 21 day rule. She replied and said she was still within the 21 day limit as she believes the time started on the day our lease ended and that we should expect an itemized list in a few days. I then replied citing the Nolo.com reference so she would know how we calculated the 21-days but haven't heard back yet. 

As far as roommates and leases go - with each change in tenancy, a fresh lease was written up with the correct tenant names - only the security deposit amounts were handled between roommates. We definitely have a lease that outlines our security deposit amount in whole. 

I'm researching attorneys now but I'm thinking I'll wait to see what she sends over in terms of deductions to see if we actually need to go that route. I'm afraid to send a "demand letter" until I'm sure that we're in the right. This is pretty overwhelming for me ha - I feel so out of my element. Thank you again! 

Thank you so much for your replies everyone! 

@Mindy Jensen To clarify, we were on a month-to-month lease and we paid our rent up until the 21st.

@Deanna McCormick Thanks! We were sure to include our new address in our 30-day move out letter.

Here's our Moveout Timeline:
09/21 - Gave 30 Days Notice
10/09 - Walkthrough Inspection | Surrendered keys & fully vacated (is this the day LL regains possession? They've been making renovations on the house since we gave the keys - idk if this matters)
10/10 - 1st day after vacating
10/21 - Lease Ends
10/31 - 21 full calendar days since vacating

I've searched the internet high and low and have found two interpretations to the CA 21-day rule. I've found support for the 21-day start on both sides: after surrendering the keys and also at the end of the lease. Here's something I found on nolo.com:

"Under California law, a landlord must return the renter's security deposit, with an itemized statement of deductions, within 21 days after the renter has surrendered the rental property to the landlord (that is, returned the keys and vacated the property)." - Link to full text.

We interpreted "returned the keys" literally - which is why we thought (perhaps wrongly) that, as of today, we've passed the 21 days. I understand this isn't the official law's verbiage (It actually says, "No later than 21 calendar days after the tenant has vacated the premises" - Link to CA Civil Code) Are we misunderstanding the language here? @Cam Coplin

Honestly, we've been concerned about this whole process regarding our security deposit because LL informed us that we'd be accountable for damages that occurred prior to our lease. When we first discussed our move-out on the phone, we were told there "was no security deposit left" due to previous tenant's damages (we learned of damages we didn't know existed at this time). You see, our whole situation is a bit messy - LL rented the house for the first time many years ago. Since the 1st lease and original security deposit was taken, many different tenants have moved in and out - each paying the outgoing roommate for their part of the security deposit so the LL wouldn't have to get involved and they'd always remain "whole" (we were instructed to do so by LL). LL has assumed that the original deposit covered all damages since the beginning of the original lease but how can this be legal? Can they deduct from our deposit to pay for previous damages? This doesn't seem right.

Anyway, at the walkthrough, LL said we were great tenants and they appreciated the upgrades we made to the house but that the damages would still need to be accounted for. I should also mention that LL never completed a formal walkthrough after any roommate moved in or out so she said there's no way to determine when the damages occurred (Even though she acknowledged that these damages happened before our lease started). In hindsight, I understand that we should have requested a walkthrough when the last roommate left before our new lease started to document other damages but this is where we're at now. 

We're only hoping that we're past the 21 day deadline so we can avoid having to deal with the past damages issue - we're not looking to take this any further or gain anything that's not rightfully ours. We have had a good relationship with LL's for quite some time but it's a bit hairy right now. We really appreciate your time and expertise. 

Hello from California! My partner and I gave notice to vacate our rental home on September 21st which makes our lease end on October 21st. We did a walkthrough with our landlord and vacated the premises on October 9th - the landlord asked us to leave the keys in a specific area and they understood (and verified via text) that we were vacating on that day. We were under the impression we should have received both an itemized list of deductions and the remainder of our security deposit by October 31st (assuming that October 10th was the 1st full day after vacating). Are we wrong to expect the return of our full deposit by now? Or does the 21-day limit not start until the last day of our lease? 

We just want to make sure we have the right information before sending the letter. Thank you!