Legal Question in Landlord & Tenant Law in California

Renter depoist

My mother was going to move into a new house on Dec 1, because her old landlord was going to sell her house, She gave the new landlord a depoist of $985, and her rent was also going to be $985, her oldlandlord called her up on Nov 29 to tell her she doesnt have to move after all since the sell of the house fell through, this was after he had already gave her a 60 day notice to end tenancy So, now my mother doesnt want to move into the new place, since she doesnt have to move, and the new landlord doesnt want to give back the depoist of $985, because he says we had a contract, and he states maybe he might give it back, only if he can rent it to someone else? Is he llegaly able to keep her depoist, since she never did move it, and he was still living in the house, himself until Nov 29? This is also the day that she called him to let him know that she wasnt moving in, thanks


Asked on 12/04/08, 5:13 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Renter depoist

I am sorry, but your mother entered into a contract [you do not say if it was month to month or a year long] in which she agreed to pay a certain amount in return for having the right to occupy the house. She has to give at least 30 days notice of teminating the lease, so the landlord is entitled to keep at least one month's rent, whether she moves in or not. He does have to attempt to mitigate [reduce] the damages by trying to rent the house out as soon as possible; if he can do so before the month is over, then he has to return the overlapping amount, but most people do not move around Christmas time and even if they do they normally do not want to move in before the first of the month.

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Answered on 12/04/08, 9:06 pm


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