Deposit release form template, Lanlord or tenant Law isn’t among my general regions of practice, but just like each lawyer, I have friends who frequently ask my advice about legal problems with which they are confronted. Recently, a friend asked for my help in corresponding with her former landlord regarding charges taken out of her rental safety deposit she felt were unwarranted.
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As landlord/tenant problems are among the most common legal questions I get from friends, I’d like to discuss rights and responsibilities regarding security deposits in this post. In the end I will incorporate a sample letter you can send to a landlord for return of your deposit. Please note all information in this post is specific to California law. The laws of your state or jurisdiction may differ. Many states offer renter’s handbooks that would include important laws, or you need to contact a lawyer licensed in your jurisdiction for aid.
A landlord has 28 days to enroll a deposit with either a custodial or insurance type scheme. Info concerning the registration of the deposit has to be supplied to the renter. Under the Housing Act there is a prescribed format for information to be provided. The landlord can be taken to court by the tenant where the information has not been supplied in the right format. Tenants have the right to go back six years before taking action against the landlord.
Where the landlord fails to register the bond you will find hefty penalties. The landlord can be required to pay the tenant a sum three times greater than the deposit; or they can have to repay all lease and a punishment or the landlord may lose the right to evict the tenant from the property the decision on the fee is accepted by the court. Some landlords say they don’t take deposits that they just ask the tenant to pay two weeks rent beforehand. If the tenant pays rent monthly along with the landlord always has a float of one month’s lease this is the same as taking a deposit along with the rules relating to failure to register a deposit will apply.