Legal Question in Landlord & Tenant Law in California
Security Deposit not being Refunded, CA
We signed a year lease starting
March 1st of last year that goes
month-to-month after that. We told
the landlord we were leaving in
March; he asked us to do a
walkthrough, leave the keys on the
counter if we couldn't, etc., and also
asked us for our new forwarding
address to send our security deposit
back. We were leaving due to the
extremely dangerous neighborhood
where 14 cars got broken into in a
span of 2 weeks, and at least 3 units
were broken into a few months
before.
Now he says we forfeited our security
deposit because on our contract it
says that after the March 1st date,
we ''may give 30 days notice to
movie in writing to the flowing or
start a month to month''.
We are confused by this clause.
When we signed this, we were in
understanding that it was a year
lease(March 1st '07 to March 1st
'08). Is this contract saying we have
to stay for one year and one
month(since after the first year, we
give 30 days notice, thus having to
pay another month's rent)? And if so,
is it lawful for him to have non-
sensical verbage on a contract?
We were also in a high-stress
environment due to the crime; is this
an issue we can bring up as well?
3 Answers from Attorneys
Re: Security Deposit not being Refunded, CA
My colleagues are correct.
Send landlord a letter demanding deposit refund.
If he doesn't do so at once, sue in small claims court.
Re: Security Deposit not being Refunded, CA
No, your landlord is pulling a scam. If the lease had a definate ending date and you chose not to renew, that was your option and the lease is terminated...period. The 30 day notice is irrelevant because you did not continue on past the iitial rental period.
Please feel free to contact our office if you need further assistance.
Scott
Re: Security Deposit not being Refunded, CA
The one year lease ended Feb. 29, 2008. If you surrendered the property March 1 the lease expired by its own terms. Only if you were a holdover at the property after March 1 would the landlord be entitled to 30 days notice.
You could send a demand letter for the full return of your security deposit. If he doesn't comply you could sue him in small claims court for the full amount plus the statutory damages for his failure to follow the law. See California Civil Code, section 1950.5, before you go further with this claim.
DISCLAIMER
This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. Legal representation by my office requires a signed written retainer agreement.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
