Legal Question in Landlord & Tenant Law in California

Tenant Dispute

I recently vacated an apartment in San Leandro. After providing my 30 days notice dated on the 5th of the month I received a letter of acceptance that said I could either stay the entire 30 days which would end on the 4th of the following month or surrender the keys on the last day of the month. I surrendered the property on the last day of the month but they still deducted 3 days of rent from the return of my deposit. Also I requested in writing several times some much needed repairs to the apartment that were not completed and made the aprtment not livable. Do I have a case to pursue the full refund of my deposit? Do I have legal right to pursue the return of some of the rent paid since the repiars were not done?


Asked on 4/23/09, 3:59 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Tenant Dispute

You may have a right to pursue the three additional days rent they deducted. Did you return the keys, fully surrender the property and advise them of such by the last day of the month? Its generally a good practice to get a receipt for the keys, or some indication that they received the keys on the date you surrendered them. As for the repairs, did they deduct from your security deposit for items that you had been complaining about? Were those problems there when you moved in, or is it damage you created while you lived there? There are a lot of questions that would need to be answered to give you any indication of whether or not you might succeed in getting your full deposit back. Essentially, so long as the apartment was in the same condition in which you rented it, less normal wear and tear (not cleaning - you had to leave it clean including carpets cleaned), then you should have received your deposit back. Take them to small claims and let a judge sort it out if you don't get the full amount back.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/23/09, 6:02 pm


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