Legal Question in Landlord & Tenant Law in California

Basically I was intending to rent an apartment to which i paid a security deposit as of today i decided to back out of renting said apartment. They informed me that they would be keeping a portion of the security deposit for rental damages and the cost of putting the apartment back onto the market. Now what i want to know is if this sort of thing is even legal being that i never signed an actual lease.


Asked on 12/21/10, 11:06 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

In California, a contract for the leasing of property does not have to be in writing. Most month to month rental are verbal. I would have to know the exact discussion you had with the landlord, but in general you would have to give thirty days notice of non-renewal of the lease and would have to pay rent for that period of time less any rent collected from a new renter who moves in within that 30 day period of time. I do not understand what "rental damages" are and you are not liable for the cost of returning the unit to the rental market, but those two figures may be less than the amount of rent they are entitled to, so it may be to your advantage toaccept the charges. Ask them to inform you when the unit is rented to see which method costs you the least. They must inform you in writing within 21 days of your giving up possession what amount of the security deposit they are keeping and why and return the rest to you or they waive their right to the money.

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Answered on 12/26/10, 10:57 pm


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