Legal Question in Landlord & Tenant Law in California

security deposit for keeps?
Hi I moved out of my apt. in 1/04 after living in it for 11 years the new landlord/property manager did not return my security deposit in the 21 day period. And has kept the whole deposit for conditions that were already there before they bought the property. I have talked to the property manager who took over and they refuse to give me a specific list of all the work done and told me that the pictures they sent me was enough to justify their keeping it. All my requests were done within the legal amount of time and yet they still have not complied and they want to charge me 316.00 more for carpet, a door that the other property manager didnt finish fixing, and clean up which i know happen to only cost 72.00 for a dumpster and to top it off they were already remodeling the place according to the propery manager.

Asked on 10/27/04, 4:24 pm

Scott Linden Scott H. Linden, Esq.

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Re: security deposit for keeps?

Civil Code �1950.5 covers this exact situation.

You can read the text of it here:

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=91301823268+0+0+0&WAISaction=retrieve

(copy and paste this into your browser and hit enter)

Basically, "deposit for conditions that were already there before they bought the property" are not chargable and they must give you an acounting.

Take a look at the statute and if you have any additional questions please feel free to contact me at 626-578-0708.

Answered on 10/27/04, 5:27 pm

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