Legal Question in Landlord & Tenant Law in California
Lease Deposit Return
My exwife submitted her 30-day notice to the landlord and is trying to get the full deposit back (behind my back). Luckily the landlord is telling her no because the deposit must stay with the unit until I vacate. However, the exwife would have to go through me to get her half of the deposit back. Isn't she still responsible for half of the cleaning charges, re-keying, etc since she was there for one year? Thus, the deposit would be split in half, minus half of the other charges....
1 Answer from Attorneys
Re: Lease Deposit Return
Your question is as much family law, as landlord tenant law.
I read between the lines that this is a battle over more than money.
Are you divorced? If so, the deposit should be covered by the settlement agreement.
There may not be much of a refund of deposit, if you leave with back rent due, cleaning required, or damage done to the unit beyond ordinary wear and tear. If there is no unpaid rent, the unit is as clean as when you moved in, and no damage, you'll get the entire deposit back. There is no such charge as a "re-keying" charge.
Right now, there is no deposit returned or due, while you live in the unit.
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