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Landlord refuse to give back deposit

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Toodie81

Junior Member
What is the name of your state? California

I rented a room from a lady who rented the condo from someone else. Our 6 months lease is already over and we been going month by month afterward. When I moved in, I have to give her a month rent as deposit. Earlier this month, I gave her my notice that I'd be out by January 31st. However, last week, we get in an argument and she told me to "get your stuff and get out by tomorrow". When I replied back saying that I will go if she would refund me back half my rent (because I already paid for the month of December and it was December 15th, half way through the month when this happened) along with my deposit, then I'll pack up right away. After thinking about it, she then replied and say that she can't refund the rent because it already go to the landlord (the people who owned the condo) and she doesn't has any money so I can stay until the end of the month if I like then we'll talk about the deposit. Yesterday, I tell her that I'll be moving out December 29th and asked her when can I get my deposit back. She then said that because I told her that I won't be out until January 31st, I still owe her rent for January and if I don't pay her, she will use my deposit as toward the January rent. I then said that it was the original plan, before she kicked me out so I don't owe her anything for January. She disagree and said if she really meant it when she told me to get out, I have to get out already, so I can stay until January 31st or I can move out by December 31st is my problem, but I still owe her for January since I told her my last day will be January 31st. I don't need the deposit right away, I know they can hang on to it for 30 days anyway, but after the argument and she told me to "get my things and get out", I went out and found another place to live, and I told them that I will be moving in January 1st. My question is she right? Although she kicked me out, I still have to abide by the January 31st I gave her before? How do I suppose to know whether what she said is what she meant or not? I would still lose my deposit? What could I do in this situation?

PS: there are no damages to the room, she said she had the carpet clean when I move in, so she asked me for $200 to clean the carpet after I left so I already gave that to her too.
 



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