Legal Question in Landlord & Tenant Law in California

security deposit withheld in new lease.

I recently moved out of a house that I rented with two roommates. I left on good terms, they found another roommate, and renewed the lease without my name on it. They have a new roommate but no one inforced the new roommate to pay a deposit. The lease terminated and a new one began. they rolled our deposit into the new lease but I dont have anything to do with the new lease. The new roommate doesn't have the money and the landlords say its between me and the new tenant. Who pays out my portion of the security deposit? Dont they have to refund the deposit and collect a new one with the new roommates?


Asked on 10/18/07, 3:08 am

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

Re: security deposit withheld in new lease.

It is difficult to answer correctly, without looking at the lease, or leases.

A lease is a contract, and governed by the law of contracts, so it is important to look to the provisions of the lease that you signed, as to the deposit.

You should be entitled to your deposit refund, and, you are correct in that there is something inherently unfair here.

I would be glad to help you, and please feel free to e-mail, or call, my office for such help. It would be a lot easier if you could fax, scan, or e-mail the lease, or leases.

The law is very strict on return of deposits. The landlord has 21 days to refund the money, and can deduct for only three things. In addition, he/she can be hit with a statutory penalty of $600 that goes directly to you, if the judge feels the landlord acted in "bad faith".

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Answered on 10/18/07, 9:28 am


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