Legal Question in Landlord & Tenant Law in California

Recovering My Deposit From Landlord

I lived in a mobile home about 5 years. It had 2 propane tanks. One leaked so I didn't fill it. The 2nd one leaked. I told the landlord I could smell and going through allot of propane. He came up and said he ''fixed a small leak. This happened at least 3 times. I turned off my stove,my oven,my dryer, turned down water heater. Hadn't used heater in 3 yrs. I called propane co, they did line test deemed the tank ''dangerous'' tagged it (had 3 leaks) shut off water heater also. I used my electric heater and stayed in bedrm most of the time.Electric bill went $75 for one month.Did not pay rent in Feb as I couldn't cook,shower or dry clothes without propane. I also got sick,missed work as the temp in the mobile got down to 26 degrees. I moved out in March. I cleaned the place very well. Carpet was stained (before I got there as it was 20 yrs old) Can I get my deposit back? Also I paid for the line check to be done $85. Please help me.


Asked on 4/07/08, 6:45 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Recovering My Deposit From Landlord

Landlord must pay within 21 days, and give invoices for deductions.

Landlord can keep money for unpaid rent; damages by you or your guest; and cleaning (only if unit was dirtier when you moved out, than when you moved in).

You should have complained properly before now, but you did not. You still may be entitled to rent abatement (partial refund) because of your problems.

Telling me electric bill went to $75 doesn't mean much, since I don't know what it was before.

You didn't handle the line check correctly either. All the time in the mobile home, you could have repaired items, and deducted them from the rent.

I am including the website of the California Department of Consumer Affairs involving deposits.

I hope this helps, but if you need more, please feel free to e-mail my office.

Good luck!

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Answered on 4/08/08, 8:59 pm


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