Legal Question in Landlord & Tenant Law in California
Trying to get my security deposit released from a Property Management Company.
I rented a home through a property management company. I have never had contact with the landlord.
At the end of a 1 year lease I was informed that I would be going month to month because the landlord had stopped making payments to the bank in order to set up for a loan modification.
I kept paying my rent. In July of 2009 I am informed by the property manager that the landlord is no longer in contact with them and that I am no longer being represented by them as property manager.
They inform me that my deposit can be picked up in 21 days. When I go to pick up deposit, they refuse to release it. The property manager stopped all services, pool service, landscaping etc. .
Meanwhile the home has gone back to the bank (September 10, 2009). I am being contacted by a realtor to make arrangements to move.
Now, 2.5 months have gone by and they are still refusing to release my deposit. I have gone one month without paying rent, but have paid the equivalent rent in repairs and upkeep. What are my rights? I don't have the money to move, or pay another security deposit.
How can I compel the property manangement company to release my money?
1 Answer from Attorneys
You might talk to the realtor about sufficiently compensating you to move and to refund your security deposit. If that doesn't work, you can file a small claims suit against the former owner for return of the security deposit -- although it's unlikely there's any money to pay you right now.
The bank might have to give you a 90-day notice to move before suing for unlawful detainer, so it might be worth the bank's while to give you an incentive to move sooner.
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