Section 1950

Citation: Section 1950
Parent Document: Granberry v. Islay Investments, 889 P.2d 970 (1995)
Jurisdiction: California (state)
Effective Date: 1995-03-06
Original Source: https://www.courtlistener.com/opinion/1436586/granberry-v-islay-investments/ ↗

Full Text

678 chars

Even assuming that the expiration of the landlord’s right to setoff could be characterized as a penalty, it is one that arises “ ‘ “by necessary implication” ’ ” (People ex rel. Van de Kamp v. American Art Enterprises, Inc., supra, 33 Cal.3d at p. 334) from the language of section 1950.5(f). As described above, the Legislature’s imposition on landlords of a mandatory duty to assert any claims against the security within two weeks of the end of the tenancy necessarily implies that if landlords fail to do so within that *758period, they cannot do so later. To hold otherwise would render meaningless the mandatory term “shall” that the Legislature used in section 1950.5(f).

Other Sections in This Document (169)

Full Text