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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1950

Citation
Section 1950
Parent Document
Granberry v. Islay Investments, 889 P.2d 970 (1995)
Jurisdiction
California (state)
Effective Date
1995-03-06

Other Sections in This Document (169)

Full Text

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Moreover, the Legislature intended that those tenants who are forced to bring a lawsuit to recover their security have a simple, swift, and certain legal remedy: section 1950.5 expressly authorizes actions brought under that section to be maintained in small claims court, limits the types of claims that *762can be asserted against the security, and puts on the landlord the burden of proof as to the reasonableness of any amount claimed against the security. (§ 1950.5, subds. (e), (k), (m).) In turn, section 1950.5(f), by cutting off the landlord’s right of setoff after the two-week statutory period, assures the tenant weighing whether to bring an action to recover security that he or she will not be met by a surprise claim of setoff never before raised by the landlord.