Legal Question in Landlord & Tenant Law in California

Do I have a right to have my security deposit returned to me?
I rented a room from a tenent who holds the lease for the apartment. I found her ad on a computer website and spoke with her over the phone. I signed no lease, just a verbal agreement that I would stay for 3 months. I paid first months rent + security deposit. The day after I moved in, her cat urinated on my bed. Two weeks later the cat urinated on a rug in my bathroom. I gave my roomate 10 days notice and vacated the apartment. She stated (in a letter) that she would return the deposit to me, but she never has. Do I have a right to the deposit if I didn't give 30 days notice? Does she have to give me written notice why she is keeping the deposit? Can I take her to small claims court? I have a cancelled check proving I paid her the rent and deposit. Is there a penalty for not returning the deposit or giving me written notification in a timely manner?

Asked on 4/01/05, 7:05 pm

Philip Iadevaia Law Offices of Philip A. Iadevaia

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Re: Do I have a right to have my security deposit returned to me?

Take her to small claims court to recover your deposit. You have a good case.

Answered on 4/04/05, 11:28 am

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