Landlord Rip-Off

What is the name of your state? CA

My fiance and I moved into a property on March 1, 2005. We signed a one year lease, in which stated, "the landlord has the right to retain the deposit in the event that the lease is broken". Due to issues outside of our control, we were forced to move. We called our landlord and told him what was going on and he said that he would let us out of the lease with no incurred costs. Two days after we vacated, the realtor handling his property called us and told us how wonderful the property looked and thanked us for taking such great care and leaving it in excellent condition. Now, the landlord is claiming that he had to pay someone the whole deposit, 1375.00, to "touch-up" the walls. Also, if this were the case, I believe he is required by law to provide a detailed account of where the money is going and some type of proof.

I welcome any advice, and I am really hoping to get this guy and the money we agreed upon.

I don't know anything about CA law, but I was curious: You said you had a written agreement to forfeit the whole lease if you broke it. (We signed a one year lease, in which stated, "the landlord has the right to retain the deposit in the event that the lease is broken".) You broke the lease.

Did y'all amend the written agreement anywhere along the line?

we did not ammend the agreement, but in the state of california a verbal agreement is binding. hindsight is 20/20 and we definitly should have ammended the agreement. Also, when pressed on the fact that he was going back on his word, he changed his story to the blaming it on the "touch-up" painting for 1375.00.

mknapp said:

we did not ammend the agreement, but in the state of california a verbal agreement is binding. hindsight is 20/20 and we definitly should have ammended the agreement. Also, when pressed on the fact that he was going back on his word, he changed his story to the blaming it on the "touch-up" painting for 1375.00.

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How does one proves the terms of an amended verbal agreement?

well, i suppose it is my word against his except that my finace has a witness to the converstaion but i am not sure how far that would go either. however i did just find information from the state of california making it illegal for him to keep the deposit for anything other than unpaid rent or repairs to the unit!

mknapp said:

well, i suppose it is my word against his except that my finace has a witness to the converstaion but i am not sure how far that would go either. however i did just find information from the state of california making it illegal for him to keep the deposit for anything other than unpaid rent or repairs to the unit!

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Okay... lets cut to the bottom line here.

1) Based solely on your post, it appears that the 'deposit' wasn't refundable if you breach. Simply, it is 'liquidated damages'. What EXACTLY is said in the full clause you referenced??

2) If correct AND if you breached the lease, the landlord has no obligation to return a deposit.... or even account for one, as there isn't one.

Simply, if you feel that the lease is not clear or that the landlord was incorrect in keeping the money/damages... your ONLY recourse is to file a small claims suit and let the court review ALL the facts and decide accordingly.