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May 18, 2008 at 4:35 PM #207196May 18, 2008 at 7:40 PM #207149
HLS
ParticipantLots of common sense answers, none of which substitute for the law.
The below is not legal advice, but you may want to get some.
A “security deposit” is not last months rent.
Assuming that you have a standard rental agreement,If you don’t pay by a certain date, you incur a late charge.
Upon vacating, landlord has 21 days to provide you with an itemized list of expenses/costs, which CAN include any unpaid rent + late charges, abnormal wear & tear etc.
If that is not provided(postmarked) timely, you can sue them for return of the entire deposit, and they can countersue you for back rent + late fees +Discussing this with them in advance may OR may not work to your advantage. ALL agreements should be in writing.
SC judges hate the verbal he said/she said.Providing a WRITTEN 30 day notice is a completely separate event from paying or not paying your rent.
To address an original comment, I don’t think that there is any requirement in CA to escrow a security deposit nor pay any interest on it to the tenant.
Most tenants and landlords haven’t got a clue what the laws actually are and it’s only when one party hires an attorney or actually reads their rights.
Usually it’s two “ignorant of the law” parties arguing over common sense.
Either take your chances and hope that your LL is clueless
OR
get some legal advice about how to protect your deposit correctlyGood Luck,, post an update when all is said and done~
May 18, 2008 at 7:40 PM #207204ParticipantLots of common sense answers, none of which substitute for the law.
The below is not legal advice, but you may want to get some.
A “security deposit” is not last months rent.
Assuming that you have a standard rental agreement,If you don’t pay by a certain date, you incur a late charge.
Upon vacating, landlord has 21 days to provide you with an itemized list of expenses/costs, which CAN include any unpaid rent + late charges, abnormal wear & tear etc.
If that is not provided(postmarked) timely, you can sue them for return of the entire deposit, and they can countersue you for back rent + late fees +Discussing this with them in advance may OR may not work to your advantage. ALL agreements should be in writing.
SC judges hate the verbal he said/she said.Providing a WRITTEN 30 day notice is a completely separate event from paying or not paying your rent.
To address an original comment, I don’t think that there is any requirement in CA to escrow a security deposit nor pay any interest on it to the tenant.
Most tenants and landlords haven’t got a clue what the laws actually are and it’s only when one party hires an attorney or actually reads their rights.
Usually it’s two “ignorant of the law” parties arguing over common sense.
Either take your chances and hope that your LL is clueless
OR
get some legal advice about how to protect your deposit correctlyGood Luck,, post an update when all is said and done~
May 18, 2008 at 7:40 PM #207236ParticipantLots of common sense answers, none of which substitute for the law.
The below is not legal advice, but you may want to get some.
A “security deposit” is not last months rent.
Assuming that you have a standard rental agreement,If you don’t pay by a certain date, you incur a late charge.
Upon vacating, landlord has 21 days to provide you with an itemized list of expenses/costs, which CAN include any unpaid rent + late charges, abnormal wear & tear etc.
If that is not provided(postmarked) timely, you can sue them for return of the entire deposit, and they can countersue you for back rent + late fees +Discussing this with them in advance may OR may not work to your advantage. ALL agreements should be in writing.
SC judges hate the verbal he said/she said.Providing a WRITTEN 30 day notice is a completely separate event from paying or not paying your rent.
To address an original comment, I don’t think that there is any requirement in CA to escrow a security deposit nor pay any interest on it to the tenant.
Most tenants and landlords haven’t got a clue what the laws actually are and it’s only when one party hires an attorney or actually reads their rights.
Usually it’s two “ignorant of the law” parties arguing over common sense.
Either take your chances and hope that your LL is clueless
OR
get some legal advice about how to protect your deposit correctlyGood Luck,, post an update when all is said and done~
May 18, 2008 at 7:40 PM #207260ParticipantLots of common sense answers, none of which substitute for the law.
The below is not legal advice, but you may want to get some.
A “security deposit” is not last months rent.
Assuming that you have a standard rental agreement,If you don’t pay by a certain date, you incur a late charge.
Upon vacating, landlord has 21 days to provide you with an itemized list of expenses/costs, which CAN include any unpaid rent + late charges, abnormal wear & tear etc.
If that is not provided(postmarked) timely, you can sue them for return of the entire deposit, and they can countersue you for back rent + late fees +Discussing this with them in advance may OR may not work to your advantage. ALL agreements should be in writing.
SC judges hate the verbal he said/she said.Providing a WRITTEN 30 day notice is a completely separate event from paying or not paying your rent.
To address an original comment, I don’t think that there is any requirement in CA to escrow a security deposit nor pay any interest on it to the tenant.
Most tenants and landlords haven’t got a clue what the laws actually are and it’s only when one party hires an attorney or actually reads their rights.
Usually it’s two “ignorant of the law” parties arguing over common sense.
Either take your chances and hope that your LL is clueless
OR
get some legal advice about how to protect your deposit correctlyGood Luck,, post an update when all is said and done~
May 18, 2008 at 7:40 PM #207290ParticipantLots of common sense answers, none of which substitute for the law.
The below is not legal advice, but you may want to get some.
A “security deposit” is not last months rent.
Assuming that you have a standard rental agreement,If you don’t pay by a certain date, you incur a late charge.
Upon vacating, landlord has 21 days to provide you with an itemized list of expenses/costs, which CAN include any unpaid rent + late charges, abnormal wear & tear etc.
If that is not provided(postmarked) timely, you can sue them for return of the entire deposit, and they can countersue you for back rent + late fees +Discussing this with them in advance may OR may not work to your advantage. ALL agreements should be in writing.
SC judges hate the verbal he said/she said.Providing a WRITTEN 30 day notice is a completely separate event from paying or not paying your rent.
To address an original comment, I don’t think that there is any requirement in CA to escrow a security deposit nor pay any interest on it to the tenant.
Most tenants and landlords haven’t got a clue what the laws actually are and it’s only when one party hires an attorney or actually reads their rights.
Usually it’s two “ignorant of the law” parties arguing over common sense.
Either take your chances and hope that your LL is clueless
OR
get some legal advice about how to protect your deposit correctlyGood Luck,, post an update when all is said and done~
May 18, 2008 at 8:26 PM #207163dharmagirl
ParticipantThanks, HLS!
I am about 95% certain that we won’t get the deposit back. The owners of our rental are in deep doo-doo, and I think financial desperation leads people to o things they normally wouldn’t.
This house (our rental) was already in default once – a few months before we moved in. I actually called Riverside County after the owners asked us about doing a short sale 2 mos ago.
I was concerned about being kicked out of the house, and explained the sitch to the woman from the county. She said, “if you give me the Parcel Number, I’ll tell you what’s going on.”
The nice woman from the county told me that the house had already been in default once. Just before we moved in, last year. It makes me wonder if our security deposit/1st month’s rent were used to get the house out of the hole?
Ordinarily, I would be a superb tenant and play by the rules but, in this case I think taking “the high road” will be a one way ticket to YoureScrewedVille.
Yes, I will let you all know what happens.
Oh, the drama!!!!
May 18, 2008 at 8:26 PM #207218ParticipantThanks, HLS!
I am about 95% certain that we won’t get the deposit back. The owners of our rental are in deep doo-doo, and I think financial desperation leads people to o things they normally wouldn’t.
This house (our rental) was already in default once – a few months before we moved in. I actually called Riverside County after the owners asked us about doing a short sale 2 mos ago.
I was concerned about being kicked out of the house, and explained the sitch to the woman from the county. She said, “if you give me the Parcel Number, I’ll tell you what’s going on.”
The nice woman from the county told me that the house had already been in default once. Just before we moved in, last year. It makes me wonder if our security deposit/1st month’s rent were used to get the house out of the hole?
Ordinarily, I would be a superb tenant and play by the rules but, in this case I think taking “the high road” will be a one way ticket to YoureScrewedVille.
Yes, I will let you all know what happens.
Oh, the drama!!!!
May 18, 2008 at 8:26 PM #207250ParticipantThanks, HLS!
I am about 95% certain that we won’t get the deposit back. The owners of our rental are in deep doo-doo, and I think financial desperation leads people to o things they normally wouldn’t.
This house (our rental) was already in default once – a few months before we moved in. I actually called Riverside County after the owners asked us about doing a short sale 2 mos ago.
I was concerned about being kicked out of the house, and explained the sitch to the woman from the county. She said, “if you give me the Parcel Number, I’ll tell you what’s going on.”
The nice woman from the county told me that the house had already been in default once. Just before we moved in, last year. It makes me wonder if our security deposit/1st month’s rent were used to get the house out of the hole?
Ordinarily, I would be a superb tenant and play by the rules but, in this case I think taking “the high road” will be a one way ticket to YoureScrewedVille.
Yes, I will let you all know what happens.
Oh, the drama!!!!
May 18, 2008 at 8:26 PM #207274ParticipantThanks, HLS!
I am about 95% certain that we won’t get the deposit back. The owners of our rental are in deep doo-doo, and I think financial desperation leads people to o things they normally wouldn’t.
This house (our rental) was already in default once – a few months before we moved in. I actually called Riverside County after the owners asked us about doing a short sale 2 mos ago.
I was concerned about being kicked out of the house, and explained the sitch to the woman from the county. She said, “if you give me the Parcel Number, I’ll tell you what’s going on.”
The nice woman from the county told me that the house had already been in default once. Just before we moved in, last year. It makes me wonder if our security deposit/1st month’s rent were used to get the house out of the hole?
Ordinarily, I would be a superb tenant and play by the rules but, in this case I think taking “the high road” will be a one way ticket to YoureScrewedVille.
Yes, I will let you all know what happens.
Oh, the drama!!!!
May 18, 2008 at 8:26 PM #207306ParticipantThanks, HLS!
I am about 95% certain that we won’t get the deposit back. The owners of our rental are in deep doo-doo, and I think financial desperation leads people to o things they normally wouldn’t.
This house (our rental) was already in default once – a few months before we moved in. I actually called Riverside County after the owners asked us about doing a short sale 2 mos ago.
I was concerned about being kicked out of the house, and explained the sitch to the woman from the county. She said, “if you give me the Parcel Number, I’ll tell you what’s going on.”
The nice woman from the county told me that the house had already been in default once. Just before we moved in, last year. It makes me wonder if our security deposit/1st month’s rent were used to get the house out of the hole?
Ordinarily, I would be a superb tenant and play by the rules but, in this case I think taking “the high road” will be a one way ticket to YoureScrewedVille.
Yes, I will let you all know what happens.
Oh, the drama!!!!
May 18, 2008 at 8:41 PM #207173ParticipantDHARMA,
I don’t blame you for not wanting to pay, and the late charge may become a moot point.Perhaps you can get them to agree IN WRITING to whatever terms you want, just so you are covered…
The law is a funny things. Criminals sue victims and win.
Lawyers make money..Here is a (crazy) list, state by state of how long a landlord has to return a security deposit or account for it.
Seems silly that it isn’t uniform..Next, poke around here and see what you can determine for your situation…perhaps the expense of a book is worth it to you or maybe you can find one cheaper online.
For anyone in a similar situation, always get the most current editions, laws do change !
http://www.nolo.com/resource.cfm/catid/31250834-6a2e-4970-9edd4daf221a0c7e/104/138/KNOW YOUR RIGHTS 😉
PS: Once a house IS foreclosed on, your “landlord” has some new problems if you have a lease with them..
See the “new foreclosure scam ?” in the current forum topics for details..
May 18, 2008 at 8:41 PM #207228ParticipantDHARMA,
I don’t blame you for not wanting to pay, and the late charge may become a moot point.Perhaps you can get them to agree IN WRITING to whatever terms you want, just so you are covered…
The law is a funny things. Criminals sue victims and win.
Lawyers make money..Here is a (crazy) list, state by state of how long a landlord has to return a security deposit or account for it.
Seems silly that it isn’t uniform..Next, poke around here and see what you can determine for your situation…perhaps the expense of a book is worth it to you or maybe you can find one cheaper online.
For anyone in a similar situation, always get the most current editions, laws do change !
http://www.nolo.com/resource.cfm/catid/31250834-6a2e-4970-9edd4daf221a0c7e/104/138/KNOW YOUR RIGHTS 😉
PS: Once a house IS foreclosed on, your “landlord” has some new problems if you have a lease with them..
See the “new foreclosure scam ?” in the current forum topics for details..
May 18, 2008 at 8:41 PM #207261ParticipantDHARMA,
I don’t blame you for not wanting to pay, and the late charge may become a moot point.Perhaps you can get them to agree IN WRITING to whatever terms you want, just so you are covered…
The law is a funny things. Criminals sue victims and win.
Lawyers make money..Here is a (crazy) list, state by state of how long a landlord has to return a security deposit or account for it.
Seems silly that it isn’t uniform..Next, poke around here and see what you can determine for your situation…perhaps the expense of a book is worth it to you or maybe you can find one cheaper online.
For anyone in a similar situation, always get the most current editions, laws do change !
http://www.nolo.com/resource.cfm/catid/31250834-6a2e-4970-9edd4daf221a0c7e/104/138/KNOW YOUR RIGHTS 😉
PS: Once a house IS foreclosed on, your “landlord” has some new problems if you have a lease with them..
See the “new foreclosure scam ?” in the current forum topics for details..
May 18, 2008 at 8:41 PM #207286ParticipantDHARMA,
I don’t blame you for not wanting to pay, and the late charge may become a moot point.Perhaps you can get them to agree IN WRITING to whatever terms you want, just so you are covered…
The law is a funny things. Criminals sue victims and win.
Lawyers make money..Here is a (crazy) list, state by state of how long a landlord has to return a security deposit or account for it.
Seems silly that it isn’t uniform..Next, poke around here and see what you can determine for your situation…perhaps the expense of a book is worth it to you or maybe you can find one cheaper online.
For anyone in a similar situation, always get the most current editions, laws do change !
http://www.nolo.com/resource.cfm/catid/31250834-6a2e-4970-9edd4daf221a0c7e/104/138/KNOW YOUR RIGHTS 😉
PS: Once a house IS foreclosed on, your “landlord” has some new problems if you have a lease with them..
See the “new foreclosure scam ?” in the current forum topics for details..
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