Legal Question in Real Estate Law in California

non refundable security deposits

can alandlord keep a security deposit for a house that i never moved into? i was supossed to move in the 1st, the landlord was finally notified on the 9th,the house was rented out by the 14th to someone else.


Asked on 11/06/02, 2:42 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: non refundable security deposits

There are limits on the amounts that can be kept, the things it can be kept for, and rules for reporting and refunding. Assuming your deposit was a month's rent or more, your breach of lease would apparently have resulted in actual damages less than a month's rent and you should get a partial refund. In any case you are entitled to an accounting. Once you have that, if you disagree with it try negotiating and if that fails then read up on tenant's rights and small claims procedures in self-help law books.

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Answered on 11/06/02, 2:09 pm


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