Legal Question in Landlord & Tenant Law in California

i live in ca and i received an unlawful detainer that was later dismissed before it went to trial. am i entitled to my security deposit back? I turned in my 30day notice on 2/5 (which was a saturday) and had until 3/7 to move out. i moved out by 3/7 and dropped of my keys at the leasing office. Over the span of my 5 year tenancy, the property company charged me $2,250 worth of late fees for habitually paying my rent late. I didn't get paid until the 10th of the month and had to combine 2 payroll checks to cover rent and other bills. My rent was $895 at the time i moved in and then gradually increased to $935 and the end of my tenancy. There was also a major roach problem on the premises and they refused to have the building fumigated. Also there were days when there was either no hot water available or water in general. What can i do in this situation?


Asked on 3/24/11, 12:24 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

None of the prior problems goes to the issue of whether you are entitled to get the security deposit back. That depends upon whether there was any rent you owed and did not pay and any damages your created beyond normal wear and tear. The landlord must within 21 days of your giving up the premises [turning over the keys and leaving with all of your possessions] return; your security deposit less any amounts he is claiming with a statement in writing as to why he is withholding that amount. As to any unpaid rent, you can raise the issue of the lack of water and the presence of roaches during that exact time as a basis for reducing the amount of the rent [Green v. Superior Court defense]. It would be difficult to convince a judge to let you sue for reduction of the rent for periods before you left.

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Answered on 3/24/11, 2:42 pm


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