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. i contacted the property company and now they are trying to charge me their legal fees for the unlawful detainer without it going to trial. can they do that?


Asked on 3/31/11, 3:05 pm

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

There are several key facts you do not mention. Was the unlawful detainer dismissed based upon any settlement terms with you? If they dismissed it because it had become moot as you had already left, then they were not legally successful and would not be entitled to collect any legal fees unless your contract states they can collect even if they file a suit which is dismissed by them. Had the UD gone to trial you might have won, entitling you to attorney fees.

Return of the security deposit within 21 days of giving up possession [within 21 days they must return all the security deposit or give you details in writing as to how much they are withholding and why or they waive the right to withhold anything] is based upon whether you caused any damage. The prior problems would have been a basis for withholding rent for up to a month's worth to pay for curing the problems, but you did nothing then so yo can not take a deduction now. If the lack of water is still occurring you could report them to the local health department.

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Answered on 4/01/11, 7:01 am


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