Legal Question in Real Estate Law in California

We lived in our previous house for about 3yrs and we gave 2 months rent of deposit in addition of the first months rent. We had some problems paying the rent on time, however, we always paid late fees. We were given 30 days notice and moved out. The house was in near perfect condition (I have pictures with dates on them including a picture of the realtor taking pictures aswell). The realtor said that she would email us a copy of the inspection papers. Previous to that, we were waiting for a copy of the newest contract but she said she needed the owners permission to give me a copy. We agreed that she would get the last months rent from the deposit (including the late fee) and give us the difference in 3 weeks. She hasnt sent me a copy of the inspection or the lease agreement. Ive tried contacting her but she wont answer, what should i do next? Thank You for your help.


Asked on 8/20/10, 6:14 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, if the 30-day notice was a routine termination and not a notice based on default or "pay rent or quit", you probably were entitled to 60 days' notice. Not sure that will make a difference at this point.

As to your refund, my hunch is that the "realtor" is shirking her duties and has higher personal priorities.

The situation may call for filing a complaint in small claims court. Sometimes the mere service of a claim can stir action. I can't type out the full instructions on LawGuru, but as a starting point, buy or borrow a paperback book on California small-claims procedure and/or ask the small-claims advisor at the courthouse. The applicable law on tenant deposits and refunds is Civil Code section 1950.5, which you should look up and read, especially subsection lower-case L.

Read more
Answered on 8/25/10, 7:30 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California