Does the fact that my lease states that part of the deposit is nonrefundable mean that I the contract is null and void?

[jamesnobles]

Santa Clara County, CA

I want out of my unit for a number of reasons. It is a in-law unit but I do not think that matters. The contract states that 200 of 900 is non refundable for no reason. I would like to leave the unit early and break my lease. Would this argument against hold up in small claims court?

 

[xylene]

I want out of my unit for a number of reasons.

Define these reasons please.

 

[reenzz]

No. If its illegal in your state to have a non refundable deposit, then only that part of the lease would be unenforceable. The the rest of the lease would be completely enforceable.

 

[jamesnobles]

No. If its illegal in your state to have a non refundable deposit, then only that part of the lease would be unenforceable. The the rest of the lease would be completely enforceable.

That is unfortunate. Can you cite a statute which explains this?

 

[jamesnobles]

Define these reasons please.

I entered into this lease impulsively and the expense is too much to handle. The walls are to thin and I can hear conversations and dogs barking. I would not request to leave based on the aforementioned reasons but discovering the deposit issue in the contract might give me a way out.

 

[Just Blue]

I entered into this lease impulsively and the expense is too much to handle. The walls are to thin and I can hear conversations and dogs barking. I would not request to leave based on the aforementioned reasons but discovering the deposit issue in the contract might give me a way out.

Buyers remorse is not a valid reason to breach your contract. Hearing your neighbors and dogs barking is a part of living within 800 feet of others. Next time rent a cabin in the forest...but be aware that you will hear birds and coyote's.

 

[xylene]

Talk with your landlord about your financial concerns. This is a very common situation, especially right now. Your landlord might work with you to a better mutual resolution than a breech.

 

[Mass_Shyster]

It is a in-law unit but I do not think that matters.

It might.

 

[FlyingRon]

Actually, collecting "non-refundable deposits" or putting such in the lease terms isn't specifically illegal, it's just illegal NOT to refund them on moveout (other than to apply to the specific damages/deficiencies in the statute).

The initial premise is WRONG out of the gate.

 

[quincy]

How was the deposit collected - as just a security deposit, or as a $700 security deposit and a $200 application fee?

Applications often have associated costs (e.g., background checks). These application fees would not be refundable. Nor would pet deposits be refundable.

 

[jamesnobles]

Actually, collecting "non-refundable deposits" or putting such in the lease terms isn't specifically illegal, it's just illegal NOT to refund them on moveout (other than to apply to the specific damages/deficiencies in the statute).

The initial premise is WRONG out of the gate.

That is a good point but what if it specifies nonrefundable such as when the assumption is before the tenent even moves in that it is non refundable.

 

[jamesnobles]

How was the deposit collected - as just a security deposit, or as a $700 security deposit and a $200 application fee?

Applications often have associated costs (e.g., background checks). These application fees would not be refundable. Nor would pet deposits be refundable.

It states that $900 is a cleaning / security deposit and $700 is refundable if the tenent leaves the unit reasonably clean and undamaged. No mention is made of what that $ 200 is for aside from a verbal mention by the landlord that it goes towards a "deep cleaning".

 

[Zigner]

How was the deposit collected - as just a security deposit, or as a $700 security deposit and a $200 application fee?

Applications often have associated costs (e.g., background checks). These application fees would not be refundable. Nor would pet deposits be refundable.

The portion I have underlined is not correct in California. Furthermore, a $200 "application fee" is beyond the maximum allowed in California.

 

[quincy]

The portion I have underlined is not correct in California. Furthermore, a $200 "application fee" is beyond the maximum allowed in California.

Thanks for the clarification. California is an odd beast.

 

[quincy]

Here is a link to information on security deposits in California:
https://www.courts.ca.gov/selfhelp-eviction-security-deposits.htm?rdeLocaleAttr=en