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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 31

Citation
Section 31
Parent Document
250 LLC v. Photopoint Corp.(usa), 32 Cal. Rptr. 3d 296 (2005)
Jurisdiction
California (state)
Effective Date
2005-07-28

Other Sections in This Document (165)

Full Text

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We read this last statement, as does Sherwood, to mean that a landlord that in good faith violates the security deposit statute may offset against its damages only those amounts which it properly could have claimed of the security deposit in the first place. Here, 250 wrongly retained the security deposit to cover future rent damages — damages against which the deposit could not have been applied under section 1950.7 — and thereby profited from its own wrong unlike the landlords in Granberry. To allow the offset against *728