Q: Is it legal for landlord to tell me I’m not getting me deposit back before moving out?

A: In California, it is generally not legal for a landlord to definitively state that they will not return your security deposit before you move out. According to California Civil Code Section 1950.5, a landlord must return the security deposit to the tenant within 21 days after the tenant has vacated the property.

The landlord can only withhold portions of the security deposit for the following reasons:

1. Unpaid rent

2. Cleaning the rental unit to restore it to the same level of cleanliness as when the tenant moved in

3. Repair of damages caused by the tenant, excluding ordinary wear and tear

4. Replacing or restoring personal property or furniture, excluding ordinary wear and tear

If the landlord intends to withhold any portion of the security deposit, they must provide the tenant with an itemized statement detailing the reasons and the amounts withheld within the 21-day period.

A landlord who fails to follow these rules may be subject to a penalty of up to twice the amount of the security deposit, in addition to any actual damages that the tenant suffers.

In summary, a landlord cannot preemptively decide to withhold your security deposit before you move out and before they have assessed the condition of the property after you vacate. If your landlord has told you that they will not return your deposit, you may want to consult with a local tenants' rights organization or an attorney specializing in landlord-tenant law.

A: It is legal for landlord to tell you, you are not getting your deposit back before moving out. According to California security deposit laws, after a tenancy is terminated, a landlord has 21 days to return the tenant's deposit in full.