San Francisco, CA asked in International Law and Landlord - Tenant for California

Q: Hi, we are international students doing our masters in SAN FRANCISCO. We have a problem with our ex-tenant about deposit

We are 5 members on the lease and all are international students. This is about a tenant who has stayed at our house for one semester. At the time he moved in, we took $500 as security deposit. We informed him that if he is willing to leave he has to give 1 month notice. We also told him that If he didn't give any notice and leave we will keep the deposit to pay the next month rent if we wont find anyone. He agreed to all of this. Later, he told us that there is a family emergency and left the next day. We haven't found anyone in his place and we paid the rent including his security deposit. Now he is asking his money back. We told him that we haven't found anyone and still we are ready to pay $250 for which he agreed. But now he wants more than that and he is telling us that he wants to proceed legally and lets see what happens. Can anyone help me what to do in this situation?

2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • International Law Lawyer
  • Potomac, MD

A: Yes, I can help you by telling you what to do in this situation: Get a qualified lawyer who practices L&T law in your county in California. Town ordinances are very significant in establishing L&T law in California, and I'm told you REALLY need a lawyer if the part of California you are in includes Berkeley. While your argument may sound logical, I'm willing to bet you've violated at least a half-dozen sections of L&T ordinances, and that may well decide how hard and fast you should be there i this fight.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: It's key to review the lease agreement and related facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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