Legal Question in Landlord & Tenant Law in California
Rent deposit return
Dec 2008 looking for an apartment-gave manager money orders totalling $130 over a two day period for credit check ($30 non- refundable) and $100 deposit. I did not take apartment which was not offered until Feb 2009. Manager has refused to return the $100 deposit. Should the $100 be returned to me? Manager says I did not request within 30 days therefore money will not be returned.
1 Answer from Attorneys
Re: Rent deposit return
What does the 30 day period refer to? If you put up a deposit that was intended as an advanced payment for the renting of the apartment, then if you did not rent it you are entitled to the return of the money, no matter how long afterward you asked for it. If someone owes you money, they can not say yes they are in debt to you but if you wait more than 30 days they do not have to pay you. It is similar to the credit crd companies that state you have only 30 days to object to a billing; if you never owed the sum claimed, not objecting within a stated period of time does not convert it into an obligation.
Demand of the owner, not the mere manager, that he state the legal basis for withholding the money and how often he has done it before,and then say you will report it to the authorities and sue him.
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