回复：回复：回复：房东没有在规定的30天内寄出维修的账单， 我是不是可以拒付?

来源: SDer 于 2010-03-30 15:00:07 [] [旧帖] [给我悄悄话] 阅读数 : (2431 bytes)

规定了房东应在21天之内，返还押金或提供维修的账单。
(g) (1) No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the
tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security
and shall return any remaining portion of the security to the tenant.
(2) Along with the itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises。

可是没有讲如果房东没有依照法律规定做，有什么后果。那房东也没有必要follow 21天的rule？

难道是下面的 “The bad faith claim or retention”？
(l) The bad faith claim or retention by a landlord or the landlord's successors in interest of the security or any portion thereof in violation of this section, or the bad faith demand of replacement security in violation of subdivision (j), may subject the landlord or the landlord's successors in interest to statutory damages of up to twice the amount of the security, in addition to actual damages. The court may award damages for bad faith whenever the facts warrant that award, regardless of whether the injured party has specifically requested relief. In any action under this section, the landlord or
the landlord's successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits.
看来可以argue哪些属于合理的维修费用同时argue房东没有follow 21天rule，属于The bad faith claim or retention。
最后这几句什么意思啊？
The court may award damages for bad faith whenever the facts warrant that award, regardless of whether the injured party has specifically requested relief. In any action under this section, the landlord or
the landlord's successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits.
谢谢

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