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calirent13

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Posts: 1
Reply with quote  #1 
This is pertaining to california rental laws.

my landlord owns the condo i live in - she never did a proper inspection and never collected 1 half of the security deposit (also signed the lease late with incorrect dates - it was 3 month contract, then went month to month there after). She gave 60 day notice to vacate after 1 month (which coincides with the end of the 3 month contract portion of the lease). She has not given official reason and has not been easy to get ahold of or get answers from. I am also very positive that she has not returned the security deposit for the gentlemen that left (i moved into a townhome that had only 1 roommate move out and 1 stay).

My question is as follows: what is the legality of collecting a security deposit from us, since she didnt collect it originally, after she has given 60 day notice?

Given that the previous tenant hasnt received his security deposit back (again speculation here and cant be proven but we feel she needs our unpaid half in order to pay back the other gentleman that left) and there is serious doubt that the security deposit would be returned after moving out at the end of the 60 day notice, and since she will not reply to requests for where the money is going to be held (per the terms of the lease it is suppose to be held in a separate account) - we dont want to pay without guarantees that the money would be returned after we leave.

What advice do would you give? the 60 day period is up at end the september and she wants to go forward with eviction proceedings for failure to pay, even though she refuses to speak with us. We have and continue to pay rent so we are not in default on that aspect of the lease
MikeTfromCA

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Posts: 125
Reply with quote  #2 
First, here's a link to the state's website that offers a "reader's digest" version of the law:

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

Here's a brief rundown of CA's law with regards to your case:

-The landlord may only deduct for any unpaid rent or damage caused as a result of excess than normal wear and tear.

-The tenant is entitled to the right to have a move out inspection prior to the landlord getting the unit back.

-The landlord is required to refund the remaining portion of the deposit along with an itemized list of any deductions to the tenant within 21 calendar days of them getting the unit back.

Should the landlord not comply with any portion of the above mentioned, then they may lose their right to withhold any portion of the deposit and a judge will in all likelihood order that the entire amount be refunded to the tenant.
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