Legal Question in Landlord & Tenant Law in California

my roommate recently kicked me out without notice. we had no lease agreement, i was only living there month to month. she refuses to give me back my deposit. all of the bills were paid and there's no unpaid rent or damage made to our condo. i plan to take her to court. my question is, is it favorable for me to get my deposit back?


Asked on 7/10/10, 10:43 am

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

Yes, you have a good case. Since you were acting as her tenant [nothing need be in writing], she must abide with the rules applying to landlords, including having to give you 30 days written notice of termination of the lease and within 21 days of your vacating must return the full deposit or give a detailed explanation of all sums withheld. Failure to do so within 21 days allows you to recovery your actual damages and in addition up to twice the amount of the security deposit [the amount is within the judges discretion so yo want to show how badly she acted and did not care what the law showed].

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Answered on 7/14/10, 12:44 pm


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