Blog Post

How does a tenant forfeit their deposit?

americanheritageproperties • Jan 13, 2014

Over the years I have had landlords that feel that if a tenant is not holding up their part of the agreement then the tenant should forfeit their deposit.

Even when a tenant is evicted for non payment of rent they are still entitled to have their deposit handled in accordance with California Law.  Specifically, within 21 days of vacating the home the landlord is required to refund the deposit, or provide an itemized list of all charges to the deposit with the refund of any remaining deposit monies.  If the landlord does not handle the deposit as specifically addressed in California Civil Code 1950.5 then the tenant may be entitled to their full deposit plus extra money for “bad faith” withholding.

It is extremely important that landlords managing their own home take special care in handling the entire move out process.  Following the necessary procedures can help avoid costly headaches.

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