Legal Question in Real Estate Law in California
I moved out of my apartment four months before the lease was over, but still paid for what the upcoming month and found a new tenant. The landlord moved the tenant in on the first without letting me know, even though I have the place paid for up until August 12th. I was in the apartment the day before to take pictures and the landlord did not do any cleaning or repairs. She now states that before she gives me a refund on my deposit, she has a list of damages. She has yet to provide this list to me. She also did not give me a 48 hour notice an inspection or give me a chance to either appear or waive my right to appear for the inspection. This is not in accordance with California renters law. Has she now waived her right to retain any of the monies that were used for my deposit?
2 Answers from Attorneys
Tell her that unless she gives you the list, with pictures and dollar claims, within X days, you will go to Small Claims and initiate an action for return of your entire deposit and punitive damages for bad-faith failure to account for and return a rental deposit as provided in Civil Code section 1950.5, subpart (l) (that's the small letter "L", not a one). I would also recommend that you look up, print out and carefully read the entire language of section 1950.5, so you will have a fresh recollection of the exact language of the law when you negotiate with the landlady or address the Small Claims judge.
She has three weeks to either return your security deposit, or provide you an itemized list of deductions. If she does not do so, she forfeits the deposit. I hope you wait the 21 days, before you write her a letter that gets helps her out of a potential hole.
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