When does the 21 days to return a tenant’s security deposit start?

UPDATED: Feb 20, 2012

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When does the 21 days to return a tenant’s security deposit start?

We gave notice to vacate a property on the 16th of last month saying that we would be out of the house by the 1st of this month. We ultimately moved out on the 21 of last month and gave the keys and full access to the realtor on the 23rd, at which time we still had some furniture and a few boxes in the house. All of our things were removed by the 29th. On landlord said if he didn’t rent the house by the 1st. Then we’d have to pay an additional 16 days rent, equal to a 30 day notice. Can he make us pay the additional rent, even though he is asking a lot more than we paid, and when does he have to legally give us back our deposit?

Asked on February 20, 2012 under Real Estate Law, California


Glenn M. Lyon, Esq. / MacGregor Lyon, LLC.

Answered 10 years ago | Contributor

You are most likely responsible for the rent during the 30 days' notice, but I can't say for sure without seeing the lease.  The landlord would have 30 days after the date you vacate the property to either return your deposit or itemize how it was spent.

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