Legal Question in Landlord & Tenant Law in California

Re: Collecting Renters Deposit

You need to look at your lease. What does it say about the return of the security deposit? The landlord should return one-third of the deposit to you unless the lease agreement states otherwise. That being said, he could also make the repayment check payable to all three of you, and let you worry about cashing and splitting up the proceeds. If you don't receive 1/3 of the full deposit, less any legitimate deductions for damages (holes in walls, etc...), then I'd take the landlord to small claims court as if he had not returned your security deposit as required by law. Let a judge or commissioner decide who is right.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.