Question regarding Rental Deposit Refund for Sublet

[radio4progressives]

Good Morning Wacco Community..

Anyone with actual (legal) knowledge regarding Tenant rights (in Sebastopol) on the issue of Security Deposit Refund?

I've just been informed in passing, that Security Deposits are NOT required to be refunded for a full two weeks after move out date. Reason given, is that the "landlord" has the right to claim two full weeks to check everything out to make sure no damage has been done. And that is "the law" here.

In this case, I'm referring to a Sublet of a Room situation in a house shared by the actual lease holder (i.e. person renting the house, to whom sublettees pay monthly rental fees but also had to give a significant amount for "security" upon move in day)..

If this is too confusing, I'm happy to clarify.. I really need to know if this assertion is factual.

any help on this matter would be much appreciated!

[Anne Hudgins]

Yes, it's true. The California Civil Code allows landlords two weeks before refunding security deposits. Then they must refund in full, or submit receipts showing costs incurred for repairs for any deductions they take.
The Civil Code is available at the law library at County Admin. Bldg., or the county library.
Anne

[terriann]

But the poster is not exactly talking about a landlord asking for a security deposit. S/he says s/he is subletting and the lessee is asking her for a deposit. I can see why a person would question the legality there.




Yes, it's true. The California Civil Code allows landlords two weeks before refunding security deposits. Then they must refund in full, or submit receipts showing costs incurred for repairs for any deductions they take.
The Civil Code is available at the law library at County Admin. Bldg., or the county library.
Anne

[radio4progressives]

But the poster is not exactly talking about a landlord asking for a security deposit. S/he says s/he is subletting and the lessee is asking her for a deposit. I can see why a person would question the legality there.


Exactly right.

I understand the necessity to give landlords (owner or property mgr) ample time to check out the entire premises for possible damages..

but for one small room - (and that's it) it seems to be highly unreasonable, and my thinking is that the 14/21 day time period (post move out day) does not necessarily apply in sublet cases. (?)..

[Lorrie]

.... and shouldn't the sub-lettor be the one that the deposit/refund should have gone to? Not the actual landlord. I would think that the only thing from the actual landlord should have been the approval to the tenant to sublet it...Provided:that the tenant get a deposit from the sublettee....
:2cents:
Lorrie


Exactly right.

I understand the necessity to give landlords (owner or property mgr) ample time to check out the entire premises for possible damages..

but for one small room - (and that's it) it seems to be highly unreasonable, and my thinking is that the 14/21 day time period (post move out day) does not necessarily apply in sublet cases. (?)..

[radio4progressives]

.... and shouldn't the sub-lettor be the one that the deposit/refund should have gone to? Not the actual landlord. I would think that the only thing from the actual landlord should have been the approval to the tenant to sublet it...Provided:that the tenant get a deposit from the sublettee....
:2cents:
Lorrie

That's the case in this situation. It's the sub-lettor to whom rental and & security deposit fees were paid and agreements made.

There was no specific discussion or mention made that the security deposit would not be returned until two weeks post move out day. I happen to learn about this with the event of another roomer moving out and learning to his dismay that he will not be receiving security deposit for a couple of weeks. even though he moved out in ample time for his room to be given a thorough going over /check through for condition.

[Lorrie]

https://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

These are the california rules for deposits.
Although I find no mention of sublettors, so it is hard to say whether it applies to ANYONE who rents... Or landlords only.

At any regard this has a lot of helpful information for everyone.