Legal Question in Landlord & Tenant Law in California

security deposit return

I lived in my house for 4 1/2 yrs

before my landlord asked me to

move because he was going to move

in. He gave 30 days to leave. I had a

phone conversation asking to please

extend it for 45 days. He agreed. On

july 8 we had a walk through he is

chargin me $810 for 8 days rent???

I ??him asking why he said cause

this is the day of the walk through,

mind you he is a lawyer himself.I

said to him but you asked me to

move , he then said its better than

having to pay a 30 day vacate notice

which you didn give me. He is also

charging me $700 to paint 1

bedroom and the fireplace. $640 to

re- key the house. $593 for electrical

work replacment of the ceiling fans

and $250 for a crack in the bahroom

sink which was not seen during the

walk through . It's also been 2

months since i have vacted the

house. Is this right ater almost living

there close to 5 years?


Asked on 9/05/07, 8:28 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: security deposit return

Lawyer or not, the landlord's behavior is beyond outrageous.

I do not know the amount of your rent, or the deposit, so I have to give you a general answer.

He cannot raise rent without a 60 day notice. He cannot charge you to paint, unless you, or your guests, damaged the paint in the bedroom, and the fireplace. He cannot charge you to re-key. He cannot charge for the ceiling fans, unless you, or your guests, damaged them. Ditto for the crack in the bathroom sink.

You have the proverbial landlord from hell.

He also must refund your deposit after 21 days, or the law allows a judge to charge him an extra $600 for "Bad faith", which goes to you.

You need to retain an attorney to write this gentleman a strong demand letter. Just because he is a lawyer, he cannot get away with illegal actions.

Feel free to e-mail, or call, my office if you need more.

Good luck!

Read more
Answered on 9/05/07, 8:47 pm


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