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/ ↗

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Second, defendants contend that because the Legislature provided a remedy only for bad faith retention of a security deposit, we can infer it did not intend to impose a penalty for good faith retention. They conclude that landlords like themselves that have retained security deposits in good faith should not be penalized by being barred from raising setoff. This argument is persuasive. (4) "[I]t is well settled that `"Courts will not impose penalties for noncompliance with statutory provisions in addition to those that are provided expressly or by necessary implication."' [Citations.]" (People ex rel. Van de Kamp v. American Art Enterprises, Inc. (1983) 33 Cal.3d 328, 334 [188 Cal. Rptr. 740, 656 P.2d 1170].) (1d) Because the Legislature has not expressly stated that landlords that fail to comply with section 1950.5, subdivision (f), in good faith are barred from recovering for unpaid rent, repairs, and cleaning, we find that no such penalty was intended and we will not imply such a penalty.

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