Legal Question in Real Estate Law in California

Landlord refuses to return security deposit

I had to break my lease one month short of its expiration for job related reasons. I gave the management company and building owner 30 days written notice. I vacated the apartment before the end of the month with the unit in better condition than when I moved in. No attempt was made to re-lease the unit until after the date the lease would have naturally expired. I assumed that I would not get my entire deposit back (the owner is a little shady) but much to my surprise not only did he keep the entire $4500 deposit, he sent me a bill for $3600. The "itemized" list of deductions was dated for the 17th but postmarked on the 25th of the month and was sent to the apartment I had vacated instead of the forwarding address I had furnished. On the itemized list over $5000 was assessed as "miscellaneous fees". I have since written him a letter outlining which deductions I feel are unwarranted (which are all but $120 for cleaning) and have called their office on a daily basis. No one will talk to me at all. I have gone as far as having a friend who is an attorney send a letter of the "respond or we'll sue" variety. I really don't want to have to sue but it looks inevitable. Any suggestions on what to do next is much appreciated.


Asked on 10/21/99, 7:39 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Landlord refuses to return security deposit

they have a legal duty to try and reduce their damages by attempting to rent it out again and you say they did not do this. in that case you could get back everything if you sue. point this out to the judge.

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Answered on 10/25/99, 1:18 am


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