Legal Question in Real Estate Law in California
California Law. I payed $1600 deposit for a condo in lawndale, CA. When we signed the 1yr lease he told us we could break it. 4 months before end of lease we move out. He honors his verbal statement of being able to break lease without fee or penalty. We do a walk threw he lists nothing on walk threw. A month later I have not recieved an itemized list or my deposit. I then tell him he is in violation of the laws. He says there was a lot broken and he is getting stuff fixed. I said all those things were broken when we moved in and you agreed that's why you didn't mark it on the inspection sheet. I said you can't charge me for that stuff just cause your new tenant wants it fixed prior to moving in. He said he will do as he pleases and will let me know what's left of my deposit. I informed him of all the laws he was breaking and now he won't return text messages or calls. It's been a total of 3 months and I have not seen an utilized deduction list or any part of my deposit back. What do I do, they have laws but no one unforces them.
1 Answer from Attorneys
We have basically two kinds of laws. Criminal laws are enforced (well, more or less) by the police and the district attorney. The other kind of laws -- civil laws -- are enforced by the affected individuals. If you have a gripe against someone for breaking a civil law, e.g., the law regarding the validity of contracts or the duty to refund and account for residential lease deposits, you need to step up to the plate and enforce it yourself. Take the former landlord to small claims court. The deposit-refund law is part of Civil Code section 1950.5, which covers security deposits in great detail. There are useful guidebooks to California small-claims laws and procedures which would be worth reviewing before going to court.
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