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How do you count the 21 days of returning the security deposit to tenant? is it including Sunday? from mail or receive date?

Orange, CA |
Filed under: Landlord-tenant law

under california law, 21 calendar days of less, landlord must send refund check to tenant. does it including holidays and Sunday? does tenant has to receive the check in 21 days or landlord just needs to send it out within 21 days? thanks!

Nora

Attorney Answers 2


  1. Civil Code 1950.5(g)(1) allows you to mail the refund and the itemized list of deductions on the 21st day.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.


  2. The statute doesn't specify calendar days or business days, so you should assume calendar days, including holidays and weekends, and for the most protection, have the refund postmarked on or before the 21st day.

    Please see the guide linked bvelow, written for non-lawyers.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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