Legal Question in Landlord & Tenant Law in California

security deposit refund

My previous landlord gave me a 60 day notice with reason being that the property had been sold. I requested an intial pre move out inspection and my request went ignored. I moved out 10 days before I was to be out and the landlords say that I owe them rent for 10 days even though they knew that the roof was leaking and he never repaired. Since I requested a pre move out inspection and was not given one, he also kept my full security deposit, he did send me a list detailing all the deductions but since I never had the chance to repair or remedy anything. I think I am entitled to a full refund of my security deposit. Is this correct?


Asked on 4/08/09, 9:03 pm

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

Re: security deposit refund

No. The leaking roof apparently did not cause you to have to move; its existence would justify a reduction in rent but you did not ask for that. I would assume that you were aware of what needed to be fixed or cleaned by you. The landlord should have appeared for a inspection just before you left and turned over the keys, but I do not see how that hurt you. You leaving 10 days early was your decision; I assume you probably did not give him notice or much notice that you were leaving [you must leave and retur the keys to have "left"] so that he could not start the process of re-renting the premises.

While the landlord was not acting properly as to some aspects, you do not state any facts, except as to the leaks, to show you were injured.

Read more
Answered on 4/08/09, 9:51 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California