Legal Question in Landlord & Tenant Law in California

Reeturn of Secuity Deposit to Hold Apartment

I signed a 1-year lease on 2/17/06 to move into an apartment on 3/3/06 and gave the landlord a $1,195 security deposit. The landlord informed me on 3/2/06 that the apartment was ready and would be ready for move in the following Tuesday 3/7/06. Again, it wasn't ready, now he said it would be ready to move in on Friday, 3/10/06. Again, when I went by the apartment it still wasn't in move-in condition. Now the landlord promised that it would be ready Friday, 03/17/06. I left the landlord 4 messages and he hasn't returned my call. By law since he breached the contract am I entitled to return of my full security deposit and monetary damages I suffered since the apartment wasn't ready and I'm not sure when it will be ready, so I no longer want the apartment.


Asked on 3/14/06, 2:03 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Reeturn of Secuity Deposit to Hold Apartment

You are indeed entitled to a full refund if the lease terms begins on 3/3/06. As for damages, you will have to prove how you were damaged by being continually delayed. For instance, if you had to stay at a hotel or other accommodation in excess of what you intended. Or, if you wish to stay, the landlord can pro rate the month of March. Good luck.

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Answered on 3/14/06, 5:46 pm


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