Legal Question in Landlord & Tenant Law in California

Deposit refund

I made a $2,200 deposit and then my wife and i had a death in the family and she had to go back east due to the death of a grandson, due to the circumstances i did not take the apt. I never took possesion , was he entitled to keep the deposit ? Which he refused to refund to me.


Asked on 7/12/08, 10:42 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Deposit refund

Probably not, but I need more facts and you need a lawyer.

Keeping the deposit for damages when a lease is broken depend on how long it took landlord to re-rent it. He should keep 1/30 of a month for each day vacant, but he must make a reasonable effort to re-rent it ASAP.

Unfortunately, an emergency is still not the landlord's fault, and the law recognizes the voiding of a contract which requires damages

I would retain an attorney to deal with the landlord, if you wish to see any $ as a refund. Be careful, though, as most attorneys know nothing about landlord tenant law.

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Answered on 7/13/08, 10:07 am


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