Legal Question in Real Estate Law in California
I have been renting from a property management company for the last 1.5 years. When I moved in I paid 1st months rent and $1950.00 security deposit to them. They called me today and said the homeowner has cancelled their service and that I would have to get in contact with the homeowner to get my deposit back. I did not pay the deposit to the homeowner I paid it to the management company and as far as I am concerned I am a client of the property management company and they must fulfill the obligation of the contract (lease) and do my walk through and return my deposit. Should I send a certified letter to them demanding they do the walk through and return my deposit? Or what if anything can I do?
3 Answers from Attorneys
Why not try contacting the homeowner, as suggested? You may be able to work everything out entirely hassle-free. The property management company, by the way, was probably acting as the agent for the owner, and if that fact is disclosed in your lease, you are actually in contract with the owner and must deal with him/her/them when the agency agreement is revoked.
Mr. Whipple is correct. Management companies virtually always specify that they are AGENTS for the landlord, not THE landlord. You have no more rights against them than you would against the individual employees if you lived in a big apartment complex owned by a company that manages with its own team of employees.
I agree with both of the previous responses. You need to deal with the landlord, not his or her former agent.
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