Legal Question in Real Estate Law in California

Property owner refusing to pay back $2300.

Hello,

I had signed the month-to-month lease for an apartment in santa Barbara CA. but before I happen to move-in, I had to terminate the lease due to sudden job transfer.

I had paid security deposit & the first month rent ($1200 + $1100= $2300), I had informed it immediately, but now

Property manager is refusing to pay back $2300.

How can I get back my money.

Thanks for the reply

--name removed--


Asked on 8/14/02, 1:48 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Property owner refusing to pay back $2300.

Mr. Whipple's answer is correct as far as it goes. I would add that if the landlord rents the unit before the expiration of the 30 days, you are obligated only for the days the apartment was empty.

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Answered on 8/16/02, 3:22 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Property owner refusing to pay back $2300.

If the lease was month-to-month,you could terminate it at any time, including right after signing, by giving 30 days' notice, and the landlord's retention from your payment should be limited to about 30 days of rent, possibly plus any small incidental expense, but keeping the whole $2300 seems quite improper and you should consider threatening a small-claims action if you don't get a substantial refund.

Remind the landlord that he may be liable for additional $600 statutory penalty damages if he refuses in bad faith to make a prompt refund. Civil Code section 1950.5(k).

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Answered on 8/14/02, 2:23 pm


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