Legal Question in Real Estate Law in California

Lease changeover w/ 1 tenant of 3 changing - security deposit dispute

Under grandmother clause I reside and pay additional

rent in an appartment with 3 persons on the lease. 9/1/

02 marks the 1 yr. expiration of current lease with one

original tenant leaving and myself taking their place.

They are moving out the 8/10 and want near a full

buyout of their share of the deposit (in excess of $500).

Due to black scuffs on the walls and sever stains on

carpet I feel that $350 would be more than generous

given lease stipulations on painting and possible

carpet replacement costs (based on current lease).

What are my rights and am I justified given the

remaining 2 tenants would not expect 50% of their

deposit refunded if the apartment was vacated 9/1? I

have lived here since 7/1/02.


Asked on 8/06/02, 1:48 am

1 Answer from Attorneys
Martin Snitow

Re: Lease changeover w/ 1 tenant of 3 changing - security deposit dispute

The answer to your question depends on what the tenants agreed to among themselves when the tenancies were created. Unless otherwise agreed, there is no reason you can't wait until a new tenant comes in and pays a deposit before refunding the departing tenant's deposit.

There are rental mediation programs in many cities which can help you and the other tenants resolve disputes about deductions from the deposit without going to court. I suggest you call your local housing agency or private groups like Project Sentinel to inquire about this.

I'm not sure what a "grandmother" clause is or if it matters here.

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Answered on 8/06/02, 1:36 pm


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