Legal Question in Landlord & Tenant Law in California

Re: default judgment

It is unclear whether you are the landlord or tenant. Mr. Bennett answer is correct, but a defaulting party is not allowed to present any evidence or make arguments to the Court. So if a tenant allows a default to be taken against them, they are at the mercy of what degree of proof of damages the Judge allows. If the Judge grants damages less then the tenant's deposit, then the landlord must refund the difference to the tenant.

Re: default judgment

As to utilities, there isn't a concrete answer. Read your lease, and look at a provision including utilities.

A lease is a contract, and governed by the law of contracts. If you signed the lease, with such a provision in it, you are bound by the terms and owe the money.

The answer would be the same for all utilities.

I am assuming that you are referring to the return of the deposit in your last sentence. You are supposed to get itemized invoices, unless landlord is performing services (i.e. cleaning) on his own. If so, he must itemize his hourly expenses, as well as labor, and they must be reasonable.

The landlord must return your deposit, or an itemized list of deductions, within 21 days of the vacating of the premises. If he/she doesn't, not only can you sue, and recover the money, in Small Claims Court, but furthermore, landlord could be liable for an addition $600, paid directly to you, if the judge feels he refused to return the deposit and acted in "bad faith".

I find that it is usually worthwhile to hire an attorney for the purpose of writing a letter to landlord demanding the refund of the deposit.

You may e-mail, or call, my office if you need more.