Change of California Security Deposit Terms

[Zigner]

**A: I agree with this as a side agrement between the parties cannot be contrary to state law.

I also agree

 

[LALaw]

21 Days Have Now Passed

Zigner, I have since learned from an attorney that California Civil Code Section 1950.5(g)(1) states:

No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to the tenant.


Furthermore, California Civil Code Section 1953(a) reads:

Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy:
(1) His rights or remedies under Section 1950.5 or 1954.
(2) His right to assert a cause of action against the lessor which may arise in the future.
(3) His right to a notice or hearing required by law.
(4) His procedural rights in litigation in any action involving his rights and obligations as a tenant.
(5) His right to have the landlord exercise a duty of care to prevent personal injury or personal property damage where that duty is imposed by law.

Therefore, the 6 month clause of the return of my security deposit was void from the moment I signed it. The agreement I signed onto upon my vacating the premises was merely an understanding of the original lease's terms, which itself was void. California law has specific rules for the return of one's security deposit. No contract can supersede California law.

21 Days have now passed since I vacated my old premises and to no surprise, I have not yet received my security deposit but must play the waiting game and hold out for another 5 months. I am in the process of writing my former landlord a demand letter and in going over my old lease, the contract stipulates:

"(The) Lessee agrees to wait up to 6 months (180) days to receive security deposit refund and waives any and all legal rights that hinder Lessor from taking up to 6 months (180) days to return security deposit."

Again, knowing California Civil Code Section 1953(a) which I stated above, do you think I will have any problem in court if my deposit situation ends in a lawsuit with my former landlord? Was this provision a signal of bad faith? How should I go about writing a demand letter in this lease situation which alters clear state laws/rights?

 

[Zigner]

21 Days have now passed since I vacated my old premises and to no surprise, I have not yet received my security deposit but must play the waiting game and hold out for another 5 months. I am in the process of writing my former landlord a demand letter and in going over my old lease, the contract stipulates:

"(The) Lessee agrees to wait up to 6 months (180) days to receive security deposit refund and waives any and all legal rights that hinder Lessor from taking up to 6 months (180) days to return security deposit."

Again, knowing California Civil Code Section 1953(a) which I stated above, do you think I will have any problem in court if my deposit situation ends in a lawsuit with my former landlord? Was this provision a signal of bad faith? How should I go about writing a demand letter in this lease situation which alters clear state laws/rights?

That portion of the lease is not valid.
You need to concentrate on the post-vacate agreement you entered in to...that's going to be your stumbling block.