Legal Question in Real Estate Law in California
Who keeps security deposit?
When there is a security deposit paid but 1 1/2 years later you get behind on rent and are served an eviction to vacate but you pay all back rent,late fees and court costs and leave the place clean and without damages and by the lockout date do the owners have to give you back sec. deposit?
2 Answers from Attorneys
Re: Who keeps security deposit?
They are entitled to keep any deposit for damage to the premises or for unpaid obligations. It sounds as iff, based on what you say, they should refund the deposit. They have 20 days to do so after you vacate.
If you were on a lease, rather than a month to month, they may be entitled to retain the cost of re-renting the unit.
Re: Who keeps security deposit?
You should be entititled to your security deposit. Again, if your arrangement with the landlord is on a month to month basis, then you have no problems.
However, if you do have an agreement (lease) in place and you are in breach of that agreement then you possibly could be liable for damages, but the landlord has a duty to mitigate, meaning that the landlord has to minimize his damages.
In addition, there could be another issue regarding liquidated damages. This is a clause included into contracts which puts forth the damages award if there is a breach.
I will be more than happy to discuss this issue and the above mentioned. Please do not hesitate to call or send an e-mail.
Khach "Catch" Akhkashian
(213)384-2220
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