Legal Question in Landlord & Tenant Law in California
Security Deposit
I moved out of my home without notice due to landlord started to retaliate and be very hard to deal with after I explained she was ''breaching my right of quiet enjoyment'' by letting to other people store stuff in a shop we were already renting that was behind the house. (She was charging me 200 more to include it) She continued to retaliate when I would not purchase the home at the price she was asking for. She subsequently placed it up for sale the day after 2/28/2008 with request to keep property neat and tidy. My husband just had surgery & is recovering (bed ridden). TI said I didn't want to buy it for that price. I moved out on 2/3/2008 then received a 3 day notice to pay or quit on 2/5/2008. My rent was due on 2/5/2008. I left the property in better condition that when I moved in, had the carpets professionally cleaned (only lived there 3 mths) My question is can she keep my deposit if she served me after I left with a 3 day pay or quit? Also can she hold me responsible for normal wear and tear of the carpets. I had them cleaned no other damage she is charging me 2300.00 for carpet replacement. There is no tears or rips or stains. Other than normal wear and tear at the entrance was but it was there before I moved in
1 Answer from Attorneys
Re: Security Deposit
Deposits must be returned within 21 days, except for: (1) unpaid rent; (2) damage beyond normal wear and tear; and (3) if premises are dirtier when you leave than when you moved in.
I don't see any retaliation in your statement. I also do not see a breach of quiet enjoyment.
Seems to me, you owe for unpaid rent.
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