Legal Question in Landlord & Tenant Law in California

Previous apartment manager is stating my $800.00 PET DEPOSIT in nonrefundable. All paperwork included in lease does not state this DEPOSIT is nonrefundable. When speaking with her on the phone she stated "she could have sworn she told me it was nonrefundable". I asked her to show me proof that I signed stating I understood this money would be nonrefundable. I meet with her tomorrow and she will have no such proof. On top of it all the corporate office in charge of sending my refund was unaware that I even paid the pet deposit. The only deposit she indicated on my account or ledger is my $600.00 security deposit. Is this action legal in California? All info in civil codes point to it being illegal. Need Help Please!!!


Asked on 1/13/14, 8:14 pm

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Seems like you are being taken! File a small claims lawsuit. You can do it online at www.lasuperiorcourt.org. The limit is $10k.

Good luck.

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Answered on 1/13/14, 8:28 pm
Anthony Roach Law Office of Anthony A. Roach

It is against the law to have a nonrefundable security deposit, even if the lease agreement stipulates to it being nonrefundable. "No lease or rental agreement may contain a provision characterizing any security as 'nonrefundable.'" (Civ. Code, sect. 1950.5, subd. (m).)

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Answered on 1/14/14, 8:32 am


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