My Property Management FAQ's > Security Deposits > How many days do I have to refund a security deposit?
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The Law:
The refund of a security deposit in California is generally controled by Civil Code Section 1950.8.
If the rental agreement is silent, a landlord has 21 days from the date of the actual move out to refund the security deposit and provide the legally required accounting of any deductions taken from the security deposit, along with evidence of the validity of the deduction (copies of invoices and payments).
However, if the rental agreement indicates that the security deposit is to be refunded in 14 days (which was the law prior to 2000) then the rental agreement controls and the landlord has only 14 days to refund the deposit and provide any legally required accounting.
Practice Tips:
When you receive a Notice to Vacate and are sending your Confirmation of Notice to Vacate letter, post the scheduled termination date in your Office Calendar system. In addition, flag another reminder for 14 or 21 days (depending upon when the security deposit refund is due) after the estimated termination or move out date. When the move-out report is turned into the office, you can finalize these reminders for the exact due date.
If for any reason you fail to meet a required deadline and a former resident complains, offer to overnight mail the refund check to them at your expense. There is no defense to a failure to meet the statutory deadline and the cost of the overnight mail service is much less than the penalty, which is currently $800.
Revelent MRU Forms
:Confirmation of NTV letter.
Move-Out Check List.
Last updated on September 21, 2008 by Merrie Turner Lightner