What are my tennant rights, in regards to my deposit under california law?
959343
Hi,\n\nYou 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".\n\nFeel free to e-mail me any questions you might have.\n\nRegards
11813
I would talk to a lawyer to discuss your options. There might be a chance the landlord is found guilty of negligence.
594707
Ignore those first two comments.  Those people don't know what they're talking about.  I don't know what the laws are in your state but I have a general idea.  I am a California lawyer who practices landlord/tenant law.  While the laws in your state will be somewhat different, the general thrust of the laws will more than likely be the same.\n\nFirst of all, DO NOT change the locks.  Self-help is more than likely not allowed in your state.  I can't imagine a single state that would allow that remedy.  If you go that route, you're looking at getting your butt sued.\n\nSecond, don't bother with the county prosecutor.  The prosecutor or District Attorney only cares about criminal acts.  Yours is a civil dispute.\n\nCheck out the website for your local county court.  Many counties have self-help sections for landlords.  Or, go to the county court clerk's office and see if they offer any free legal clinics or any self-help resources for landlords.  Third, go to your local bookstore.  I guarantee that they will have a number of books on how a landlord can evict people in your area.\n\nChances are that the very first thing you need to do is post a notice on your tenant's door to pay rent or quit.  In California, it is a 3 day notice.  \n\nIf you've never done this before, it may be worthwhile to talk to a laywer in your area who specializes in landlord/tenant disputes.  Go to www.martindale.com for a listing of landlord/tenant attorneys in your area.  If you move quickly, you can get your tenant evicted in 30 days or less.  \n\nGood luck.
264559
Certificate of Deposit
1097149
You must research your state's landlord tenant laws. Look for it on Findlaw.com some states require deposits be set up in an interest bearing account. At the time the tenant turns domicile over, all monies minus damages except natural wear and tear must be rendered in thirty days. But there is also a federal landlord tenant act.
256619
If you have the contract and the deposit ticket you can sui them, but sometimes it will cost you more depending on the lawyer and the time, but you'll finally get your money back. If the deposit is less than you could invert in time and lawyers, just forget about it, though if you want to teach them a lesson, they should build your house for free!
550025
This is not a simple question - if you live in the USA, especially. There are laws that cover Security Deposits and Fair Housing Guidelines and to ensure that you have no problems in the future, you need to comply with the Fair Housing law(s) of your State\n\nBoth Landlor and Tenants have rights under this law.\n\nYour tenant, for example, has the right to request/expect (and should be done) that the landlord conduct a walk-through of the rental unit time (1 or 2 weeks, depends on your laws and contract) prior to the official termination of the tenancy contract.  It is thru the walk-thru that you tell the renter if you will withhold any of his/her deposit  if repairs or cleaning are not performed by tenant.  After removing all personal property, the tenant can again request a final walk-thru wiht the landor to ensure thatll obligations have been fulfilled.  Accdg to your contract and laws, you have a certain number of days after vacating the place the landlord (you) has to  mail the renter the deposit or an itemized statement of any deductions taken out y the landlord.  If more than a certain amount of witholding is kept (limits by State law) by the landlord, you are required to accompany the itemization with copies of the receipts and documents showing the charges deducted.  There are other 'time limitations' but again depends on the State.I believe, but I can't remember, that the tenant can waive receipt of these documents.  There is other little things that you need to ensure you do to ensure that this tenant doesn't come back and bite you in small claims court.\n\nThe Letter can be simple:\n\nLetter to (legal/full name of tenant as in contract) and address he provides you.\n\nSubject: describe here the rental property (full legal address, unit number and renter name)-Rental Dates to-from\n\nDear Mr XXXX\n\nOn date you notified me that you would vacate the xxxxxxxx property.  We inspected (if you did) the xxxxx on date and xxxxxx date.  \n\nNo damages where found or damages where found as follows\n\nand consequently repairs had to be made for a total cost of $$ receipts and description of work done are enclosed.\n\nFinal walk thru was made on xxxx. This letter confirms that All your personal property has been removed from the property.\n\nSincerely,\n\nyour name\naddress\n\n\n____________\nLetter received by (name of tenant and date)  \n\nnote: make sure that you have the tenant sign receipt of letter and date it.
378045
Even if you don't have a lease you still have some renters rights.  Do you have proof that you have been paying rent? Like copies of checks?  Your rights are different depending on what state you are in, but here in California lease or no lease I think it's 60 days notice.\n\nLegal action is very costly though, I'd recommend just finding a better place.
343297
In California, the maximum deposit a landlord may charge is 2 months rent for an unfurnished rental unit
105291
The laws vary wildly from city to city and state to state. For instance, in NYC, where most voters are renters, it is very difficult to evict someone. \n\nIf your tennant openly violates the terms of the contract, then you need to bring her to court. A lawyer must be hired for this, and the fee will come out of your "winnings". You should notify your tennant of your intentions and above all be very firm. If you sway or make the smallest comprimise, it would show that she holds some power over you- an obvious falsehood. Demand, Threaten, Sue- that is what you need to do.
1145249
Do you have a contract???  If you don't, either get one or move.  \n\nShe currently owns the property and you have no rights.  You may loose money, but it's better to loose a year's worth than 5 or 10.
248453
It is kinda low of him to withhold your property like that, however, it is a landlords right in many states to withhold certain property until full payment is made. If you want your stuff back I would pay him what you owe as to avoid being sued make sure to get a receipt for your payment. Good Luck
581890
Check your county, for much of California the time frame is 21 days.  If it is over that, you can sue for treble damages (3 times the amount due).  Did you all move out at the same time?  The rules might be different if some of you are staying and some going, to your landlord the unit would then still be occupied.\n\nA good book for your would be the Nolo Press series on Landlord and Tenant laws, check any bookstore reference section.  Nolo Press writes legal guides and the company is based in California.
1106446
California laws has a separate property law. Since you owned the property before you were married, he can not take it way from you. \n\nhttp://www.nvo.com/beaulier/statebystatedivorcelaws/
77408
It depends on what state you live in,  I am a landlord in California, (all tenants must sign a hazardous paint/lead warning addendum, however if your landlord is a rookie and failed to notify you of this that may work).  My best advice is to be extra sweet and talk to the management about your desire to move.  The reason I say "extra sweet" is because, hey we are all human!, and they will much more likely try to help you if approached with a smile, rather than a demand.  I have some other suggestions, but they are contigent upon where you live....\n\n\nUnfortunately Texas law is extremely anal about breaking a lease.  \nA new court ruling however, may be on your side:\n\nG. What happens if I want to break my lease? \nIF for some reason you decide to move out before your lease is up, your landlord basically has three options: (1) accept your surrender of the apartment and not hold you liable for any further rent; (2) be your "agent" and try to get a replacement tenant, and subsequently recover damages incurred as a result of having to find another tenant; or (3) do nothing and sue for rent.\nHistorically, courts have been split as to whether a landlord has a duty to mitigate damages, i.e. use reasonable efforts to find a replacement tenant, if he or she chooses to exercise option (3). A recent case decided by the Texas Supreme Court, however, seems to have settled the question. The court held that a landlord must attempt to relet your apartment before he or she may sue you for breaching your lease.\nwebsite: http://www.law.uh.edu/peopleslawyer/tenant3.html\n\nHere is an excerpt I found in Texas' Property Code for Rental Tenancies:\n§ 92.1031.  CONDITIONS FOR RETENTION OF SECURITY DEPOSIT \nOR RENT PREPAYMENT.  (a)  Except as provided in Subsection (b), a \nlandlord who receives a security deposit or rent prepayment for a \ndwelling from a tenant who fails to occupy the dwelling according to \na lease between the landlord and the tenant may not retain the \nsecurity deposit or rent prepayment if:\n  (1)  the tenant secures a replacement tenant \nsatisfactory to the landlord and the replacement tenant occupies \nthe dwelling on or before the commencement date of the lease;  or\n  (2)  the landlord secures a replacement tenant \nsatisfactory to the landlord and the replacement tenant occupies \nthe dwelling on or before the commencement date of the lease.\n (b)  If the landlord secures the replacement tenant, the \nlandlord may retain and deduct from the security deposit or rent \nprepayment either:\n  (1)  a sum agreed to in the lease as a lease \ncancellation fee;  or          \n  (2)  actual expenses incurred by the landlord in \nsecuring the replacement, including a reasonable amount for the \ntime of the landlord in securing the replacement tenant.\n\nAdded by Acts 1995, 74th Leg., ch. 869, § 13, eff. Jan. 1, 1996.           \nthat website can be found here: \n\nhttp://www.capitol.state.tx.us/statutes/docs/PR/content/htm/pr.008.00.000092.00.htm\n\nI would again emphasize speaking with your property manager.  If you are nice, polite, and explain why you need to move (also state that you will be more than willing to find a replacement, subject to their approval of course). they will most likely try to work with you.  Do this IN PERSON, it is hard to turn someone down while they are standing in front of you.  Tell them you realixe that you are putting them in a difficult situation, but that you had no intentions of breaking the lease, EVER.  If this should fail, contact the Austins Tenant Council, their website: http://www.housing-rights.org/\n\nLet me know if I can be of any assistance, and good luck!
974246
Although technically, the previous answers are right ( you should pay your rent because of your contract etc), I would advise that you hold on to that rent payment and don't pay him! \nHe sounds like a bit of a rogue, and if he is a crook you won't be seeing the whole amount of your deposit returned (typically landlords like him make up reasons such as cleaning bills, delapidation etc in order to retain your money) \nYou're moving out at the end of December anyway and he has no power to just 'throw you out', he'd have to get an eviction notice and go through certain legal proceedures. The chances of him taking you to court are very slim, he would only do this if he thought you had caused damage to the property, but it sounds as though the property wasn't completely legal anyway (basic rights are to have a corgi certificate, working appliances etc)\nSo, I say sod him!! Good luck x
758137
First, I'm from Pa. S I dont know the intracacies of Cal law.  But from what I've read and know from experience, I would definitely NOT rent to them.  Let me see!  you're looking for an apt, a $1000 one at that, and you dont have the $$ for the deposit?  Believe me, they won't have the $$ for anything else either.  It seems to me they cant afford tit in the first place.  The fact that you took a partial deposit has no bearing on whether to accept them or not.  BTW, did they fill out a rental ap?  I'll bet any references they gave if any are sketchy at best.  CALL to verify employment or where ever the $$ is coming from. If they cant pass the application phase, they cant afford it.  DO NOT RENT TO THEM UNTIL YOU ARE SURE THEY CAN PAY THE RENT.Better yet, tell them that until you receive the full deposit, you HAVE to keep showing the apt.  If they dont move on that, then consider it a excellent sign that they never had the $$ to begin with.\nI just ask me cousin who lives in LA about this.  She's never heard of such a law and they have rented apts in the past.  Tell them to hit the bricks.