Full question:
I have signed a standard residential rental contract in California, San Francisco Bay area, and because of family emergency I had to cancel it within 3 days of signing it. Am I entitled to my deposit back from the landlord?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
Unless your lease provides otherwise, you are probably not entitled to get your deposit back. There is no longer a formal distinction among tenant deposits, i.e., security, cleaning, last month rent, pet, key, waterbed deposits, etc. California recognizes only a unitary security deposit. This is defined as any advance payment to the landlord to be used to remedy defaults in rent payments, repair of damage to the premises exclusive of normal wear and tear, cleaning upon vacation by the tenant, or to restore damage to specified landlord personal property in the custody of the tenant where the rental agreement so provides.
The security deposit may not exceed three months' rent if the premises are rented furnished, two months rent if they are rented unfurnished. An amount equal to an extra one-half months rent if the tenant has a waterbed. Upon the termination of a lease of a default nature, then the landlord is entitled to recover from the former tenant any rent in default, any rent loss suffered as a result of the breach and early termination of the lease, plus anything else the landlord has suffered as a result of the default. The landlord is under a duty to take reasonable steps to minimize this loss. In rare instances, the landlord may, if the lease so provides, elect not to terminate the tenancy and allow the premises to remain vacant, and attempt to collect the rent as it comes due for the duration of the lease.
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.
