The owner of a house we leased had informed us that he was selling the house so we wouldn't be able to renew our lease. So we decided to buy a house. We notified him about 45 days before the end of our lease that we would be moving. The home owner took possession of the house a week before our lease was up. When we gave him all the keys we made sure he had our info to send us the balance of our deposit minus any possible deductibles. We've heard nothing from him. We leave him messages and he no longer will return our calls. The balance we should get back is about $2100. It's not small change to me. Any advise out there?
2006-09-18 19:06:18 · 7 answers · asked by brandiwine72 3 in Business & Finance ➔ Renting & Real Estate
I got a lot of good info, thanks to all!
Sorry I can only pick one.
2006-09-20 18:41:04 · update #1
I've managed in CA for many years....He has 21 days to provide the refund and/or a statement with itemized deductions. If deductions are over $150.00 he must also provide a copy of the receipt/paid invoice as proof of the charges and that he paid the amount he's deducting. In your case, since you gave proper notice and he took possession 1 week early he should refund that weeks rent if you paid thru your lease. If 21 days has past, you are entitled to a full refund.....hope this helps you!
2006-09-18 20:00:07 · answer #1 · answered by Anonymous · 2⤊ 1⤋
in addition to Blueyed's answer - most states definately state the amount of time he has to refund your money.
Also, you may have to REQUEST the refund of your deposit. You may have to request an itemized list of repairs/costs also, be sure to do this for when you take him to court. In my state, the penalty for not refunding is 3 times the deposit + interest. Also, request the bank statements that the deposit was kept in (by law in my state, deposits are to be put in a seperate account and refunded + interest - repairs)
Get a Lawyer to help you with these requests and take him to court, do not let him weasel out and pay just the deposit back at this point. Make him pay the 3 times + and your lawyer fees!!!
2006-09-18 21:59:20 · answer #2 · answered by Steve M 3 · 0⤊ 0⤋
The owner/agent has 21 days to refund the deposit, less any deductions. If the deductions are over $125 there needs to be written documentation i.e. reciepts,invoices. Good luck!
2006-09-19 10:08:15 · answer #3 · answered by Anonymous · 1⤊ 0⤋
CA is between the main tenant-friendly states; you will have no concern getting your deposit back. Mail your landlord a letter, qualified, asserting that she has exceeded the allowed 21 days to return your protection deposit, subsequently in step with CA civil code 1950.5 she has lost the final to withold any element of your protection deposit and can refund the entire quantity back to you. She has 2 weeks to accomplish that or you would be forced to pursue criminal action. If she does not refund your money, you will could report in small claims court docket. somewhat a nuisance, yet in CA you're allowed to sue for thrice the protection deposit whilst the owner fails to stick to the regulation. Your qualified letter and texts could be plenty to coach your case, yet i could attempt to convey the hot tenant as a witness, or a minimum of get carry of a fact as to the concern of the condo once you left it, the themes with the owner, and so on. Google "ca civil code 1950.5" in case you nevertheless have questions. EDIT: the 2nd your landlord signed a clean hire with a clean tenant, you have been absolved of any accountability and released out of your hire. Your landlord won't be able to have 2 separate leases for the comparable unit. you have got sublet to a clean tenant and signed a clean hire with them, subsequently transforming into their landlord, yet your landlord chosen to hire to a clean tenant, meaning she chosen to absolve you of your hire, subsequently the actuality which you broke your hire is beside the point subsequently. it is the reason you may desire to look after the hot tenant as a witness.
2016-12-12 10:56:28 · answer #4 · answered by ? 4 · 0⤊ 0⤋
If you can get a hold of him, he will probably try to eat up most of your deposit in so called "repairs" to the property. In which case you may need to talk to an attorney or go to small claims court.
2006-09-18 19:10:26 · answer #5 · answered by NOIZE 4 · 0⤊ 0⤋
You should discern the answer to your question by going to this link on the law from our research department.
LANDLORD TENANT ACT: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=72145723910+1+0+0&WAISaction=retrieve
Buena Suerte
2006-09-19 02:21:28 · answer #6 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
I don't know. try this http://www.dre.ca.gov/relaw.htm
this amt may be eligible for small-claims court.
2006-09-18 19:12:44 · answer #7 · answered by Anonymous · 0⤊ 0⤋