Legal Question in Landlord & Tenant Law in California

I recently asked a question I have one more...My landowners refuses to give me my deposit back because I gave a 20 day notice not a 30 day, I rent month to month did not sign a lease. However I have asked for a paper verifying that I am not to receive the deposit. If I am correct the the law states that within 3 weeks of moving out they must either return my deposit or give me a receipt. They have refused to do so, & I have it in writing "we agree that no we will not give you such a list" regarding getting the deposit back it says "According to a California Supreme Court decision, the landlord loses the right to keep any of the security deposit and must return the entire deposit to you" so in 3 weeks if I do not receive a deposit or a letter with a receipt I have a right to my deposit regardless of the situation? I just want to make sure I am correct since it's obvious they aren't going to give me any paper & in 3 weeks after move I can demand it..Also where do I need to go to get the situation settled? Is there a form to fill or someone I need to speak to in particular? I'm only 20 & haven't ever had to deal with a situation like this I'm at a loss for what I need to do or who to speak with. Thanks for the help in advance I really appreciate it.


Asked on 3/19/11, 4:56 pm

1 Answer from Attorneys

They only have to provide an itemized proof of charges against the deposit when they are for repairs. The law requires you to give 30-days notice to terminate a month to month tenancy. You are responsible for rent for 30 days after you give notice, even if you move out sooner. If you do not pay rent for the last ten days, the landlord can take that out of the deposit. If ten days rent is less than the deposit, however, you are right that the landlord must give you a itemization of charges if they keep any more than what covers the rent.

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Answered on 3/19/11, 5:39 pm


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