Full question:
I live in Venice CA. We just got to the end of a one year lease and re-upped for an additional nine months. We just found out that my company wants to relocate me to a new office within the next 60 days. This would require me to break my lease. Are we able to recoup our original security deposit? Would there be a penalty? Would we leave ourselves open to losing the whole thing?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
In California, the law regarding security deposits is outlined in Civil Code § 1950.5. When you break your lease, you may be able to recover your security deposit, but it depends on several factors.
1. **Security Deposit Recovery**: You are entitled to your security deposit unless the landlord can prove they need to withhold it for specific reasons, such as unpaid rent or damages beyond normal wear and tear.
2. **Penalties**: If you break your lease, the landlord may charge you for lost rent until they find a new tenant. However, they must make reasonable efforts to re-rent the unit.
3. **Potential Loss**: If you leave without notice or fail to pay rent, you risk losing part or all of your security deposit. It's crucial to communicate with your landlord about your situation.
4. **Initial Inspection**: You can request an initial inspection of the property before moving out to identify any issues that could lead to deductions from your deposit.
5. **Itemized Statement**: After you vacate, the landlord must provide an itemized statement of any deductions from your security deposit within twenty-one days.
For more specific advice, consider consulting a legal professional familiar with tenant rights in California.
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.