Legal Question in Landlord & Tenant Law in California

Landlord threatens return of deposit

We have rented for 13 months.

We were friends with our landlords. Playing pool and games, watching movies and having dinner together.

Things changed because I chose my boyfriend over the friendship with my female landlord. I have her email claiming that things would be different because whe was tired of only being my friend when I was in a fight with my boyfriend.

After that, things changed significantly. We then received a 60 day notice to quit. Which is fine as we are month-to-month.

Now she is stating that furniture she GAVE us in the beginning of our tenancy, is HERS. She states that the return of our deposit of $600 will be based on the condition of said property. After determining the condition of said property she will determine how much of our deposit we get back.

Our lease states nothing of this furniture and it wouldn't, as it was given to us.

There are other games she's playing. Constant harassing emails, notices on our door.

It never ends.

My question is simple: Can she deduct from our deposit for furniture she claims came with our apartment even though said furniture is not stated in our lease?

Thank you for your time.


Asked on 3/09/06, 11:39 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Landlord threatens return of deposit

No. Your landlord cannot use the kind of self-help you describe to resolve a dispute over ownership of personal property. She is obligated to property deduct from the security deposit, but if she goes beyond that, you may have a small claims case against her. Personally, I'd be happy to be done with a relationship where such petty concerns get in the way of friendship. Good luck.

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Answered on 3/09/06, 3:35 pm


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