Full question:
I stayed in a duplex in Redwood City. I didn't sign any lease but the verbal agreement was a month to month basis. I stayed there for 2 months but I have an emergency so I have to leave for TX. Of course I paid a deposit equivalent to a month's rent of $1200. I only gave my landlord a 7 day notice to vacate the premise. Is the landlord entitled to keep my deposit even if I left the premises ready to move in? Am I not entitled to get back my deposit?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
In California, the law regarding security deposits is outlined in California Civil Code § 1950.5. This code states that a landlord can only keep a security deposit for specific reasons, such as unpaid rent, damage to the property beyond normal wear and tear, or cleaning costs necessary to return the unit to its original condition.
Since you provided only a 7-day notice to vacate, the landlord may argue that this is insufficient notice under your month-to-month agreement. However, if you left the premises in good condition and there are no damages beyond normal wear and tear, the landlord may not have a valid reason to keep your deposit.
Additionally, the landlord must return any remaining portion of the deposit within 21 days after you vacate the premises, along with an itemized statement of any deductions made. If the landlord retains the deposit without a valid reason, they could be subject to penalties for bad faith retention.
In summary, if you left the property ready for new tenants and there were no damages, you should be entitled to get your deposit back. If the landlord refuses, you may want to seek legal advice or consider small claims court to recover your deposit.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.