Legal Question in Real Estate Law in California

Security Deposit Refund itemization

My ex-tenant told me since they were living for about 13y, they not obligate for losing any of the security deposit. Also since I bought the apartment 6 month ago I�m not entitled to hold any money and said I bought it as is. I was nice and I did not charge for Painting even I had to fix some holes. Since they did not move at the end of the 30 days notice (they moved after 10 days and the send me a letter to me to inform my that they moved out, which I received it at the 14th) I had to charge $450.00 for 2 weeks rent + $35.00 late fee, $50.00 cleaning, $55.00 carpet cleaning, $55.00 to replace sliding door blind, (since they did not return the keys and I had to evict them I had to charge $55.00 to replace door lucks, for main entry, outside screen door and east side gate), $10.00 for Mailbox luck, $39.00 to replace missing 2 closet door, (100.00 replace broking and burn counter top slab even I know it will cost me more than $200.00), $160.00 for the gas bill which they did not want to pay it,$262.00 amount for clerk filing serving and $100.00 for attorney fee for eviction. Do I have the right to hold all money and ask for the different?


Asked on 10/11/02, 2:17 am

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

Re: Security Deposit Refund itemization

I think you should ask the attorney you paid to do the eviction.

How were the existing security deposits handled at the time of your purchase, six months ago? There are two legal ways to do it. One is for the seller to transfer the deposits to the buyer, with notice to the tenants that this is being done. The other way is for the seller to refund the deposits to the tenants and for the buyer to collect new deposits. I believe the former methos is used more frequently. In either case, if the transfer is done properly it has no net effect on the rights and duties of a long-term tenant or his new landlord. Further, buying the building 'as is' is a deal between the buyer and the seller and has no effect on tenants' rights or obligations since the tenants are not parties to the sale transaction.

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Answered on 10/11/02, 12:59 pm


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