Legal Question in Real Estate Law in California

security deposit/moving out notice

I rented a room in a house with a mo to mo rental agrm't Before moving in I paid a Sec Dep of 325.00 I rented the rm for 2.5 months 15 days prior to my moving out I notified the landlady that I would be moving out, at which time she stated that she wouldn't return my sec dep unless someone rented the room right after I moved out This was b/c I gave her only 15 days notice before moving out rather than the 30 day notice As I understand a "security deposit" is for cleaning and/or damages only, not for matters as described above It's now been 1.5 mo since I moved out I spoke to her 3 wks ago & asked if she was going to return my sec dep, and she stated that she would not, that this issue was written out in the contract that she gave me before I moved I don't have a copy of said contract, and don't recall ever receiving one I then asked if she could send me a copy of the contract, and she said yes It's been three weeks now since I first asked her to send it, and I still haven't received anything I've called her at least once a week to see if she's sent anything yet and she'd just give me excuses I don't believe a contract exists I'd like to take this matter to court and would like to know where to begin


Asked on 10/17/99, 10:27 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: security deposit/moving out notice

she is required to give you a written accounting within two weeks of moving out. file a small claims case for the entire amount plus $200 for failing to give the accounting and see what happens.

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Answered on 10/18/99, 4:52 pm


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