Legal Question in Landlord & Tenant Law in California

Re: Security Deposit

The issue of finding him new renters, though noble, is irrelevant to your situation, unless you broke a lease. If you were a month-to-month tenant, then he must return your full deposit, or account for its use to repair damage that exceeded normal wear and tear, including copies of receipts, within 21 days of your surrendering possession. If you don't receive the deposit refund, or an accounting, then send a letter to the landlord certified mail, return receipt demanding its return. If he withheld improperly, same routine - send a letter certified return receipt demanding the money back. When he fails to correct the problem, sue him in small claims court. If you can document that the apartment was in as good, if not better condition than when you moved in, you should prevail, however, there is not enough information here to provide a complete analysis. You might also get the statutory damages for the landlord's willful misconduct here.

If, however, you terminated a lease early, then the landlord may be entitled to keep some or all of the deposit for breach damages. If that is the case, you need to review some of the prior posts on this site - they discuss what he can and cannot collect in terms of breach of lease damages.

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