Legal Question in Real Estate Law in California
Security Deposits
My mother and her companion who suffers from Alzheimer's was given a 30 day notice to move from a senior living apartment complex. i, personally feel that the reason for the 30 day is because of the fact that since Douglas suffers from Alzheimer'the day that i was handed the notice, it was because he was brought to the office as he misplaced his keys and the property manager, when she came up to the apartment, she had her foot on the door and threatened to 'kick us out'
My mother after 3 weeks of looking for apartments but to no avail wrote a lette asking for an extension of another month. The property manager told a resident to inform my mother that it was granted but by then, she found an apartment and moved out that following weekend without informing management.
With all that in mind, can the property management keep her security deposit??
2 Answers from Attorneys
Re: Security Deposits
You were not clear about why your mother and her companion were given a 30 day notice. In general, both federal and California fair housing laws prohibit discrimination against the disabled. If the 30 day notice was given because of a disability, it may be illegal. Your mother should consult a civil rights attorney or fair housing organization, such as Project Sentinel.
As for the deposit, the situation is unclear. Normally, a tenant does not have to give a 30 day notice when the management already has. But the request for an extension and the management's agreement may affect this. The landlord's position may be strengthened if no one told it that the apartment was vacant and could be rented to a new tenant.
Re: Security Deposits
The landlord has to return and/or account for the retention of every dollar of the security deposit by mailing or delivering a statement within 15 days of the end of the tenancy. When you receive the accounting (or when it is due and not furnished) you will have more facts as to the landlord's position. More likely than not a small-claims judge would consider the conversations about extending the tenancy as a commitment on both sides for another month, hence the landlord would be entitled to some damages for the vacancy created upon the 'early' move-out, but one can never be sure what a small-claims judge will say. Wait for your accounting then decide whether to pursue a claim.
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