Legal Question in Real Estate Law in California

Landlord with holding money

I was subleased a home from the Army Core of Engineers (AC of E). The ACofE took awhile getting the payments to the landlord. Out of good faith I paid the rent directly to the landlord for 2 1/2 months until the ACofE finally started paying the landlord. They also backpaid the landlord for the 2 1/2 months. The landlord then paid me back only for 1 1/2 months. She stated that she was keeping 1 months rent as a security deposit. At no time was this agreed upon since the ACofE does not give security deposit and there is nothing in writing. Well, after 3 years I moved out. The landlord is now claiming damage and is refusing to reimburse me my money. Does she have the legal right to do this? The lease was between her and the ACofE. I had a lease between the ACofE.


Asked on 10/01/03, 12:11 am

1 Answer from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Landlord with holding money

It appears you should go to small claims court to collect your money. I do not beleive, under the circumstances, the landlord had a right to collect a deposit from you if no right to get deposit from gov't. Include interest in moneys claimed

Read more
Answered on 10/03/03, 11:24 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California