Return of Security Deposit from my Old Rental

[eavesdropper]

Like UCGal, I am not familiar with recent CA laws. However, when I was living in central CA back in the mid-80s, I went through a situation similar to yours (job transfer), and the landlord demanded all of the rent owed on the balance of the lease. We were fortunate: my husband’s employer paid all of the remaining 10 months rent, without question. However, the landlord, even though he was being a shit, was on sound legal ground based on the written and signed lease. A written lease will almost always trump undocumented verbal agreements.

Also similar to UCGal’s experience, I had a lease dispute in Pennsylvania in the late 90s. I was able to break my lease, without notice, because of a loophole a mile wide that the landlord had missed (I left the apartment because it had flooded badly three times within a three-week period; the lease stated that I could leave at my convenience, without notice, if the premises became inhabitable). Despite the fact that he did not have a legal leg on which to stand, and would almost certainly have had a judgement against him of double the amount of the deposit, he made me take him to court for the deposit. On the morning, and at the location, of the hearing, his lawyer settled out of court, giving me a check in the amount of my deposit.

So while it is possible that your landlord is stringing you along, hoping that you won’t call his bluff and go after him in court (like mine obviously did), the likelihood is that he realizes that the law favors him in this situation. You can decide if you want to take a chance in court, but depending upon the laws in your area, you may end up paying his court costs and additional penalties if you lose your case. It’s probably worth contacting your local Fair Housing agency to see if you have any recourse, but unless things are clearly stacked in your favor, I’d chalk it up to (bad) experience, and concentrate on enjoying your new home.

Would you feel comfortable asking your employer to cover part, or all, of the deposit? If that’s not feasible, you might want to check into whether it will be deductible on your income tax return (job-related moving expenses). With the mortgage interest you’ll be able to deduct this year, and a possible homebuyer credit, you have the potential for a sizeable refund.

[DataAgent]

In California, a lease is treated like a real estate transaction. Every detail of a real estate transaction must be in writing. Any verbal additions or changes are not enforceable.

If I were you I’d concede the security deposit in exchange for:
1. no future rent payment liability
2. no further fixup of the property on your part.

Write it up in plain English and you both sign it.

[DataAgent]

In California, a lease is treated like a real estate transaction. Every detail of a real estate transaction must be in writing. Any verbal additions or changes are not enforceable.

If I were you I’d concede the security deposit in exchange for:
1. no future rent payment liability
2. no further fixup of the property on your part.

Write it up in plain English and you both sign it.

[DataAgent]

In California, a lease is treated like a real estate transaction. Every detail of a real estate transaction must be in writing. Any verbal additions or changes are not enforceable.

If I were you I’d concede the security deposit in exchange for:
1. no future rent payment liability
2. no further fixup of the property on your part.

Write it up in plain English and you both sign it.

[DataAgent]

In California, a lease is treated like a real estate transaction. Every detail of a real estate transaction must be in writing. Any verbal additions or changes are not enforceable.

If I were you I’d concede the security deposit in exchange for:
1. no future rent payment liability
2. no further fixup of the property on your part.

Write it up in plain English and you both sign it.

[DataAgent]

In California, a lease is treated like a real estate transaction. Every detail of a real estate transaction must be in writing. Any verbal additions or changes are not enforceable.

If I were you I’d concede the security deposit in exchange for:
1. no future rent payment liability
2. no further fixup of the property on your part.

Write it up in plain English and you both sign it.

[pedrocon]

If you want payback heres what you do.

1) Find everything in the house that needs to be fixed and send your land lord a registered letter with this list. Make sure that some/all of the items on the list can be connected somehow to your health/safety. EG 1) Fence needs fixing / Can fall on me and break my leg 2) Dishwasher doesn’t work properly (and is 15 years old) bacteria levels are hazardous to your health.

If he doesn’t have EVERYTHING fixed within a reasonable amount of time (I think about 3 weeks) you are legally allowed to break your lease.

I think there is a stipulation where you can sue your landlord for something like 3000-5000 dollars.

There are a lot of websites.

http://www.caltenantlaw.com/breaklease.htm is a good starting point.

2) The other thing is by law if you can find a suitable renter(s) to replace you. The landlord is obligated to take on that renter. A landlord cannot take all the rent remaining on your lease and leave the place vacant or double dip (get a new renter). Read up on it.

Remember you have rights! You have to think like a lawyer (blah!) in these matters.

[pedrocon]

If you want payback heres what you do.

1) Find everything in the house that needs to be fixed and send your land lord a registered letter with this list. Make sure that some/all of the items on the list can be connected somehow to your health/safety. EG 1) Fence needs fixing / Can fall on me and break my leg 2) Dishwasher doesn’t work properly (and is 15 years old) bacteria levels are hazardous to your health.

If he doesn’t have EVERYTHING fixed within a reasonable amount of time (I think about 3 weeks) you are legally allowed to break your lease.

I think there is a stipulation where you can sue your landlord for something like 3000-5000 dollars.

There are a lot of websites.

http://www.caltenantlaw.com/breaklease.htm is a good starting point.

2) The other thing is by law if you can find a suitable renter(s) to replace you. The landlord is obligated to take on that renter. A landlord cannot take all the rent remaining on your lease and leave the place vacant or double dip (get a new renter). Read up on it.

Remember you have rights! You have to think like a lawyer (blah!) in these matters.

[pedrocon]

If you want payback heres what you do.

1) Find everything in the house that needs to be fixed and send your land lord a registered letter with this list. Make sure that some/all of the items on the list can be connected somehow to your health/safety. EG 1) Fence needs fixing / Can fall on me and break my leg 2) Dishwasher doesn’t work properly (and is 15 years old) bacteria levels are hazardous to your health.

If he doesn’t have EVERYTHING fixed within a reasonable amount of time (I think about 3 weeks) you are legally allowed to break your lease.

I think there is a stipulation where you can sue your landlord for something like 3000-5000 dollars.

There are a lot of websites.

http://www.caltenantlaw.com/breaklease.htm is a good starting point.

2) The other thing is by law if you can find a suitable renter(s) to replace you. The landlord is obligated to take on that renter. A landlord cannot take all the rent remaining on your lease and leave the place vacant or double dip (get a new renter). Read up on it.

Remember you have rights! You have to think like a lawyer (blah!) in these matters.

[pedrocon]

If you want payback heres what you do.

1) Find everything in the house that needs to be fixed and send your land lord a registered letter with this list. Make sure that some/all of the items on the list can be connected somehow to your health/safety. EG 1) Fence needs fixing / Can fall on me and break my leg 2) Dishwasher doesn’t work properly (and is 15 years old) bacteria levels are hazardous to your health.

If he doesn’t have EVERYTHING fixed within a reasonable amount of time (I think about 3 weeks) you are legally allowed to break your lease.

I think there is a stipulation where you can sue your landlord for something like 3000-5000 dollars.

There are a lot of websites.

http://www.caltenantlaw.com/breaklease.htm is a good starting point.

2) The other thing is by law if you can find a suitable renter(s) to replace you. The landlord is obligated to take on that renter. A landlord cannot take all the rent remaining on your lease and leave the place vacant or double dip (get a new renter). Read up on it.

Remember you have rights! You have to think like a lawyer (blah!) in these matters.

[pedrocon]

If you want payback heres what you do.

1) Find everything in the house that needs to be fixed and send your land lord a registered letter with this list. Make sure that some/all of the items on the list can be connected somehow to your health/safety. EG 1) Fence needs fixing / Can fall on me and break my leg 2) Dishwasher doesn’t work properly (and is 15 years old) bacteria levels are hazardous to your health.

If he doesn’t have EVERYTHING fixed within a reasonable amount of time (I think about 3 weeks) you are legally allowed to break your lease.

I think there is a stipulation where you can sue your landlord for something like 3000-5000 dollars.

There are a lot of websites.

http://www.caltenantlaw.com/breaklease.htm is a good starting point.

2) The other thing is by law if you can find a suitable renter(s) to replace you. The landlord is obligated to take on that renter. A landlord cannot take all the rent remaining on your lease and leave the place vacant or double dip (get a new renter). Read up on it.

Remember you have rights! You have to think like a lawyer (blah!) in these matters.

[(former)FormerSanDiegan]

The landlord has to refund all of your deposit, except for the amount equal to the cost of repairs for damage you have done that is beyond wear and tear.

However, you are also obligated to honor the lease. If the landlord is able to lease at the same rate you were paying you are off the hook for additional rent. If they advertise for a higher rate than what you were paying (make sure you document this) then you are off the hook. If they agree in writing to release you from the lease, you are off the hook.

My recommendation would be to first try to make sure the conditions for getting “off the hook” are met, then worry about getting your deposit back.

These are general guidelines, based on my understanding and recent experience as a landlord in San Diego over the past decade. But, you may want to get legal advice.

[(former)FormerSanDiegan]

The landlord has to refund all of your deposit, except for the amount equal to the cost of repairs for damage you have done that is beyond wear and tear.

However, you are also obligated to honor the lease. If the landlord is able to lease at the same rate you were paying you are off the hook for additional rent. If they advertise for a higher rate than what you were paying (make sure you document this) then you are off the hook. If they agree in writing to release you from the lease, you are off the hook.

My recommendation would be to first try to make sure the conditions for getting “off the hook” are met, then worry about getting your deposit back.

These are general guidelines, based on my understanding and recent experience as a landlord in San Diego over the past decade. But, you may want to get legal advice.

[(former)FormerSanDiegan]

The landlord has to refund all of your deposit, except for the amount equal to the cost of repairs for damage you have done that is beyond wear and tear.

However, you are also obligated to honor the lease. If the landlord is able to lease at the same rate you were paying you are off the hook for additional rent. If they advertise for a higher rate than what you were paying (make sure you document this) then you are off the hook. If they agree in writing to release you from the lease, you are off the hook.

My recommendation would be to first try to make sure the conditions for getting “off the hook” are met, then worry about getting your deposit back.

These are general guidelines, based on my understanding and recent experience as a landlord in San Diego over the past decade. But, you may want to get legal advice.

[(former)FormerSanDiegan]

The landlord has to refund all of your deposit, except for the amount equal to the cost of repairs for damage you have done that is beyond wear and tear.

However, you are also obligated to honor the lease. If the landlord is able to lease at the same rate you were paying you are off the hook for additional rent. If they advertise for a higher rate than what you were paying (make sure you document this) then you are off the hook. If they agree in writing to release you from the lease, you are off the hook.

My recommendation would be to first try to make sure the conditions for getting “off the hook” are met, then worry about getting your deposit back.

These are general guidelines, based on my understanding and recent experience as a landlord in San Diego over the past decade. But, you may want to get legal advice.

[Author]

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