Legal Question in Landlord & Tenant Law in California

Are we entitled to our security deposit?

I am going to try to make a long story short.

Signed a one year lease with a property management company for a house 3/09. Paid for work on the property was told we would get reimbursed. Lease specified 30-45 days. Never received it. Due to other issues (long story) with the property we moved out 9/09 set up a move out inspection time with PM, she never showed up. We turned the keys into a different franchise office. The 21 days for the deposit was 10/2/09 we have not received anything from the PM.

Questions: By the PM not reimbursing us per the lease, does that break the lease on her part?

By her not showing up for move out inspection are were entitled to our deposit back & the money paid for the work we had done? If additional information is needed please contact me.


Asked on 10/18/09, 1:52 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

Several questions here. First they owe the security deposit to you. They had 21 days by law to return it or send you a list of the defects or damages and return the balance. They owe you and maybe some statutory penalties too. They can�t retain it because they claim you owe them money.

By the way why did you move out and break the lease? If you left early you have breached the lease and owe damages for the rent for the remaining months on the term. However the LL must make reasonable efforts to re-lease the property to mitigate or lessen their damages.

If your move out had to do with some defects in the property or other problems within the LL�s control then they are the ones who may have beached the lease for purposes of getting damages against you.

Apparently they breached an agreement to reimburse you. I hope you got it in writing. You can sue them for that or use as an offset against the amounts they might claim you owe them for braking the lease.

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If you have a provision for attorney�s fees in your lease then maybe you should hire a lawyer.

Hope that help and good luck.

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Answered on 10/18/09, 10:54 pm


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