Legal Question in Landlord & Tenant Law in California

Hello!! In California, three people signed a year lease together that was up last January, at that time landlord was informed that one of the three moved out and is no longer part of the lease. The lease continued on as a month to month. after a proper 30 day written intent to vacate, the landlord is saying he can't give ANY of the deposit back due to him never speaking with the person that moved out in January. This person didn't even contribute to the security deposit and is nowhere to be found. This seems very wrong. Does the landlord have any right to keep the money because of this 3rd person? Please advise....... thank you!


Asked on 9/17/17, 4:50 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I would suggest first finding the other person and have him or her sign a statement under penalty of perjury that he/she did not contribute to the security deposit and it is okay to release it to you and the other remaining tenant. If that doesn't work, you might have an attorney send a letter on your behalf or file a small claims lawsuit without a lawyer once you vacate the property.

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Answered on 9/22/17, 8:45 pm


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