It’s easy to forget to pay out 9k, but it’s hard to forget to receive 1k 
1 Like
I get it, I wouldn’t want to return 9k either, but the rules are the rules…
If I were a tenant, I would wish my landlord to forget about the 21 day window. That means that the landlord would lose the opportunity to deduct anything. Got it?
So a reasonable landlord would want to complete the deposit refund ASAP for his own interest.
Most tenant would have asked about it in 1-2 weeks. But if you get a tenant like OP, and if you were busy, you may just have to give up any deductions you could make.
Personally, like some of the others mentioned, I would have cut a check on the spot if the place was otherwise fine and I had no issues with the tenant.
1 Like
Do you usually charge no cleaning fee? I thought it’s customary to deduct cleaning charges.
Come on, I don’t nickel or dime my tenants…
1 Like
Which is why you should send a 9K check certified mail or signature required. Just because. And because it’s $9K!!!
1 Like
No hard fast rules. Take him to small claims court. He doesn’t need to prove when he noticed you about not paying. Sounds like you have a good case. But judge will rule on the merits, won’t care about the 21 day rule. Better call you he guy first.
I had a tenant who trashed my unit thinking he could play gotcha with the 21 day rule, judge didn’t care.
My approach is similar to that of BAGB. In the lease agreement I stipulate that the tenant must have the place professionally cleaned upon move out. If the place is not professionally cleaned, I deduct the cleaning fee, which may be a few hundred dollars. This is not nickel and diming since the place would have been professionally cleaned by the previous tenant upon moveout as well - leave the place as you found it.
2 Likes
Hmmm, I have a different opinion on that. I am of the thinking that normal wear and tear and regular “livingness” if you will done at the residence is essentially par for the course for essentially the rent payment received. So, if you want to go with that kind of thinking, requiring the tenant to professionally clean the place prior to vacating is above and beyond what a tenant ought to have to do (IMHO). Shouldn’t the owner really be the one responsible for getting the place ready for the next tenant?
2 Likes
Today is National puppy day. In California everyday is tenant day. They usally just walk away leaving the place trashed. Entitled generation. Their parents never made them clean their room… lol
Judges in Tahoe are actually pro landlords. After all we are the locals. The tenants are tourists.
update:
yes, I meant Feb 28, sorry
Yes, we had contacted the LL’s realtor a couple of weeks ago, text said “we should get it any day now”
Contacted LL’s realtor yesterday, she checked with LL, check is “ready”… whatever that means. Soo, it looks like they have broken the 21 day rule for sure. I guess I’ll wait and see what they try to deduct. I dont want a mess and I don’t want to play “gotcha”, but this is not off to a good start.
1 Like
You can now legally go to court. I suggest a letter explaining the law. Will definitely fire up the lazy landlord.
My thinking is that cleaning is just one component to preparing the place for rental for the next tenant. Other activities that the landlord will want to do herself/himself are painting, fixing things, etc. But my lease basically tries to state - “aside from wear and tear, leave the place like you found it”. Cleaning in my book is not wear and tear. Gotta keep a clean place.
Quote the State law send by certified mail a letter. Hinting it is serious.
After that head for Small Claim Court as plan B.
Good luck,
Sam Shueh
1 Like
So you should be able to meet with her today and get it right?
Preemptive question: If they deduct something, should he NOT deposit the check? Is depositing the check acceptance of the deductions?
Not worth going to court over a few hundred dollar cleaning fee.
Thanks again. We are taking a nice, wait and see attitude for now. If deductions are fair, we’ll let it slide. It is strange though, they own the house outright, so they are “millionaires”. Maybe a lot of BA area “RE paper millionaires” don’t have $9k laying around? 
If things get nasty, it looks like I should be glad they broke the rule:
California Department of Consumer Affairs Official website:
http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml
“What if the landlord doesn’t provide a full refund, or a statement of deductions and a refund of amounts not deducted, by the end of the 21-day period as required by law? According to a California Supreme Court decision, the landlord loses the right to keep any of the security deposit and must return the entire deposit to you.248”
“248 Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745 [38 Cal.Rptr.2d 650, 653]. See California Practice Guide, Landlord-Tenant, Paragraphs 2:783-2:783.6 (Rutter Group 2011).”
1 Like
They are actually liable for up to double the deposit if you want to get nasty.
1 Like