What are my tennant rights, in regards to my deposit under california law?

Question

Hi All,

Mid Oct my landlord notified us that he had sold the house, 6 months into a 1 year lease. A week later he showed up with the realtor and the new owner. We did not sign a new lease as we did not know if we wew going to stay or not, we ended up not staying with the new owner. At that time we did do a check swap for the deposit. Old LL gave us deposit amount and then we gave new landlord a new check for the deposit. Not sure why they wanted us to do it this way.

I am trying to get my deposit from the new LL but he's been procrastinating for some reason or another.

What are my rights in recuperating the full deposit back? We left the home in pretty much flawless condition. I have heard from some people that when the new LL buys the house, they buy as is. Note: we did not sign a new lease with the new LL.

Thanks Kindly

Another thing I should add. The new LL did not do a proper close out or walk through with us. He got sick supposedly and decided to not show up. Told us to leave keys under mat kind of thing.

The line he keeps giving me is that he hasn't made it down to the house yet to check it out.

Also when the new LL bought the house they didn't do a walk through or anything. They just bought it for investment.

If you can please refer me to a reference to California code or something. :) It would be great to quote.

Does the new LL have any right to hold onto the deposit, because the bought the house "as is"

Or are they just supposed to return immediately?

Answer 1

Hi,

You had the option of staying in the house until your lease was up. When the old LL sold the house, he was to turn over the lease and deposit to the new LL. The new LL has to honor the lease. Now if the new landlord and you made arrangements to leave the property, the new LL has 21 days to return your deposit, minus any deductions over normal wear and tear. If after 21 days, you have not received a check or an itemized list of deductions, you need to take the new LL to small claims to get your deposit. The laws that pertain to this are in the California Civil Code section. Do a search for "California Civil Code" and within the site, do a search on "deposit".

Feel free to e-mail me any questions you might have.

Regards

Answer 2

As you did not sign a new lease with the new owners, your old lease would still be valid and any charges taken from your security deposit would be for any damages from the state the house was in upon move in. If there was no real walk through or documentation of the state of the house upon move in, your landlord would have no reference for what damage you did and what damage was already there. But then, neither do you. He may have bought the house as-is, but you didn't sign your lease as-is. He can still make you pay for damages, but in this case, he would have a hard time proving you caused the damages.

I suggest you call him and make an appointment for a walk through. Unless there are significant damages, he really has no proof that you did anything. In the case of extreme damage, then he will have to investigate to see if it was, in fact, your fault. You both sign off that you are not responsible for any damages and he writes you a check right then. If he says you have to pay to repair something, tell him it was like that when you moved in and tell him to prove it wasn't if he argues.

I believe there are limits as to how long a landlord can take to return a deposit. I think he just needs to be pushed.

Answer 3

California has a bunch of websites on this subject. Here are the most relevant ones:
STATE’SLANDLORD TENANT ACT: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=72145723910+1+0+0&WAISaction=retrieve
HUD – Tenant rights in California: http://www.hud.gov/local/ca/renting/tenantrights.cfm
Pamphlet from the State of California on Landlords and Tenants:
http://www.dca.ca.gov/legal/landlordbook/
Private Attorney’s Website on Tenant/Landlord issues: http://www.caltenantlaw.com/
Home owner and renter assistance programs: http://www.ftb.ca.gov/individuals/hra/index.html
Buena Suerte

Answer 4

there's a % situation, regardless of if it relatively is not for all products. in case you placed a hollow interior the wall, you pay one hundred% of value to repair that hollow because of the fact it relatively is not an merchandise that depreciates. the comparable with the exhibit screen and the door. they do no longer placed on out - they ruin. If it relatively is broken, it have been given broken (regardless of if on twist of destiny or via tension). injuries are nevertheless the duty of the tenant. issues take place... The carpet is a depreciate merchandise. It has a lifespan of X years. enable's say 10 years for the carpet on your place. If it replaced into new once you moved in - it relatively is nevertheless has 70% lifespan left (fake you lived there 3 years), so which you need to pay 70% of the cost to change the carpet. If the carpet replaced into 7 years previous once you moved in and you lived there 3 years = you relatively do no longer owe something because of the fact they might have replaced it besides.

Answer 5

even if you did sign a new lease, you would still be entitled to your deposit back. if they don't give it back, write them a letter stating you will be taking them to court. you can get double what they own you if you have to take it that far, plus atty fees and court costs.

Answer 6

take the cheap bastard to small claims court & sue him. Make him show the court why you aren't entitled to your deposit back