Key Return + Security Deposit + Repairs... Confused.... (Los Angeles: apartments, rental, how much)

[Charcoal]

My tenant moved out and mailed me the keys. I didn't receive the keys until the 20th day after the move out day. During the 20 days, no one had access to the property due to the fact that the keys I have were poorly cut. Tenant informed me the keys were on the way so I didn't call locksmith to open the doors but waited for the keys from tenant. I didn't realize it would take 20 days to mail keys!

(1) When do I start the counting as the move out day? The day tenant moved out physically? Or the day I received keys from tenant? This day will determine when the 21 days to return security deposit starts.

(2) I communicated this no-access problem to tenant over the phone and he agreed to allow me to hold her security deposit to 30 days.

(3) When I finally had access to the inside of the property on the 21st day after move-out day, there were damaged made to the property. Tenant wouldn't make himself available to do any move-out inspection prior to their moving out. The property manager I hired to do a look out for me couldn't see much of the property on the day the tenant moved out because there were boxes all around the property. After tenant moved out totally and left the city, I hired a contractor for the repair estimates. When I brought this estimate to tenant, it was the 24th day after tenant moved out. Tenant didn't want to pay for the repair bills and claimed that I illegally hold her security deposit longer than 21 days. But I had his permission to hold it for 30 days. The state law requires for 21 days. Does her agreement overwrite state law requirements? He is now threatening to sue me in the small claim court for illegally hold his security deposit.

(4) Even I return the security deposit to the tenant, can I collect the repair amount from tenant? It's not fair to ask the landlord to foot the bills for damages made by tenant, right?

Thanks for your help.

[1200RT]

Looking at this from an outsider's point of view .....

The key issue: it doesnt seem like a fault of the tenants that your keys didn't work. It doesnt seem fair to hold him accountable because you couldn't get into the apartments.

... this is strictly opinion, i have no legal or policy reason for making that statement.

[Charcoal]

1200RT,

I wasn't holding tenant accountable for not able to get into the property. That's why I was asking for more time to inspect the inside of the property and he agreed. Here is the real question: If I did return the security deposit within 21 days, but 3 days later I found out later for the damages, who is supposed to pay for that repairs? Keep in mind that tenant knew that I couldn't get into the property from the beginning.

[CALGUY]

The 21 days start the day the tenant vacates, and returns the keys.
Obviously this did not work in your case.
It was your responsibility to ensure that the keys were returned on the day the unit was vacated, and should have been so stated to the tenant moving out.
Your situation is an individual case, but still is no excuse for abiding by the rules.
To begin, I would assume you had some sort of rental agreement.
That agreement should have stated something about timely and untimely return of the unit to the landlord.
Return of the unit means the keys being returned, and you have free access to the now vacant unit.
This did not happen.
The walk through with the tenant didn't happen so in that case it would be your word against the tenant's word.
Unless you can prove the damages werer caused by the tenant (which by now is a sticky problem) you can't withold money for something you can't prove the tenant did.
It may be more than obvious you have damages, but unless you have proof it was caused by the tenant, you are out of gas.
Return the deposit .
Now, not being able to gain access to the unit because your keys were faulty is a fruitless cause to explore.
Your tenants are not responsible for the condition of master keys to your units.
If after the tenant moved, and that was the time you found your keys would not work, that was the time to get a locksmith in to re-key the locks to gain entrance.
Waiting 21 days is , and was ludacres on your part.
Now, you need to mail the security back to the tenant, and hope that you learned a lesson from this.
I have been in property management in Los Angeles for the past twenty years, and the one thing I have learned over the years is to "cover my back" in ALL situation regarding my rental properties.
I leave no stone unturned.
If you feel you need some honest help and advise in running your property, I would be more than happy to help.
Let me know, and I will give you my email.
Bob.

[bhcompy]

Hopefully you kept the envelope for the keys, because it is postmarked and the only proof you will have of the date of key return.

It would also be beneficial if you had the 30 day agreement for holding the deposit verified.

There are various rules as to how much security deposit you can take for repairs. You should consult your cities housing/rental authority for guidance. The city website should generally have information for you.

Lastly, you could contact an attorney that specializes in representing property owners and property management in these types of disputes. Of course it will cost, but it may save trouble and it will save you time having someone else fight for you.