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Landlord refuses to give back deposit!

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Huckstah

Junior Member
I am in California. Our landlord agreed to a month-by-month rent, in which stayed for three months. Due to a family emergency, I was forced to relocate and could not give my landlord a 30 day notice. The date I left was July 2nd, in which July 3rd would have been the date to pay for a whole new month. Furthermore, our landlord never have us a copy of our lease agreement and we did not even sign a lease agreement until our second month of living there, although I repeatedly asked for a lease agreement without receiving one for several weeks.

The landlord is also claiming that we damaged the room and that he ha to repaint the walls, although we did no damage to the room at all aside from some VERY minor wear and tear.

Can our landlord keep our deposit as justification for not giving him a 30 day notice? And wod the fact that he was late in arranging our lease, plus not giving us our own copy, override or negate his complaints?

Thanks for any help...
 


BL

Senior Member
I am in California. Our landlord agreed to a month-by-month rent, in which stayed for three months. Due to a family emergency, I was forced to relocate and could not give my landlord a 30 day notice. The date I left was July 2nd, in which July 3rd would have been the date to pay for a whole new month. Furthermore, our landlord never have us a copy of our lease agreement and we did not even sign a lease agreement until our second month of living there, although I repeatedly asked for a lease agreement without receiving one for several weeks.

The landlord is also claiming that we damaged the room and that he ha to repaint the walls, although we did no damage to the room at all aside from some VERY minor wear and tear.

Can our landlord keep our deposit as justification for not giving him a 30 day notice? And wod the fact that he was late in arranging our lease, plus not giving us our own copy, override or negate his complaints?

Thanks for any help...
Can our landlord keep our deposit as justification for not giving him a 30 day notice?
Yes unless Cal. Law says deposit can't be used for rent.


And wod the fact that he was late in arranging our lease, plus not giving us our own copy, override or negate his complaints?
NO.

And why didn't you take extensive move out pictures ?
 

Gail in Georgia

Senior Member
In California (as in most states) the security deposit can be used for the following:

California law specifically allows the landlord to use a tenant's security deposit for four purposes:
For unpaid rent;
For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;214
For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; and
If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.215

To terminate a month to month tenancy required adequate notice on your part. You did not provide this. Thus, your security deposit has been used to pay for July rent. An exception would be if your landlord was able to find a replacement tenant that began their lease in July. He would then owe you for the difference in rent paid by this tenant versus your security deposit minus any damages you left behind.

Gail
 

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