Calling all CA lawyers: California Code re: rental deposits

[Penguinlady]

I'm hoping there a CA attorney lurking here.

Thirteen months ago, I paid a large deposit for a vacation rental. The rental was in another state, but the owner, rental agent, and I all live in CA.

I dimly recall something long ago about how the owner who earns interest on the renter's deposit must pay that interest back to the renter along with the deposit. There was also something about how long the owner can wait before refunding the deposit, but I'm not sure how that would work with a vacation rental.

I'm waiting for the refund of my deposit on the rental, which ran from 9/21-9/28. So my questions are:

1. How long does the owner have to refund my deposit?

2. Does s/he owe me any interest s/he may have earned on it in 13 months?

Thanks.

[Colibri]

Legal advice is best handled in IMHO.

Colibri
General Questions Moderator

[Rachellelogram]

If you want an actual consultation with an actual lawyer, you should be able to get one for free.

I don't know how rental deposits and tenant deposits differ, if at all, and IANAL. But after some cursory googling, in general it does not appear that landlords are required to pay interest on security deposits in CA, except in a few cities (Berkeley, Santa Monica, and San Francisco were listed).

[Penguinlady]

Thanks. I've never heard of a lawyer giving free advice, though, but if they do, that's why I posted here...

[The Second Stone]

Lawyers rarely give free advice. What follows is an exception. My suggestion is to write a letter demanding the money with interest, and then file a small claims suit 30 days later. Nolo Press has a book about California Small Claims actions that will tell you how to do it.

TSS, Cal lawyer and occasional volunteer small claims court judge.

[Musicat]

Nolo Press has a book about California Small Claims actions that will tell you how to do it. Yes, but (IANAL) I strongly suggest you get the very latest book. I used one 3 years old once, and got burned as a result. And if a large amount is in question, perhaps a real lawyer is a bargain compared with DIY.

[Rachellelogram]

Lawyers rarely give free advice. What follows is an exception. My suggestion is to write a letter demanding the money with interest, and then file a small claims suit 30 days later. Nolo Press has a book about California Small Claims actions that will tell you how to do it.

TSS, Cal lawyer and occasional volunteer small claims court judge.
Okay, maybe they only do free consultations for more expensive cases.

I found this site (http://www.caltenantlaw.com/) which has a lot of free information, or you can get a half hour consultation with the guy for $100.