Legal Question in Civil Litigation in California

My fiance and i were renting a room from our last roommate. we got evicted because the landlord didnt know we were there and she wasnt paying rent. we had less than 24 hours to move and got another place with her. now she claims she has 30 days to return our deposit when its been more than 30 days. can we ask for more than our deposit back since she knew about the eviction and didn't tell us until the night or day before?


Asked on 11/10/09, 1:01 pm

1 Answer from Attorneys

Timothy O'Donnell Law Offices of Timothy J. O'Donnell

Is it your roommate that is withholding the deposit? In any case, there is no rule allowing a landlord or a sublessor to withhold a deposit amount for any amount of time. And as for getting more money than the deposit, it depends on what the basis is for asking for that money. Punitive damages are typically not awarded in these cases.

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Answered on 11/16/09, 1:46 am


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