Norco, CA asked in Consumer Law for California

Q: If husband moves out but his wife and kids still continue living in the house but he demands security deposit, what ?

He did not give any notice but after he moved out he wrote a notice that he is permanently out and he has no belongings in my unit. Officially there is no divorce or separation. Wife has already changed the lock. He said his wife was not working so all security deposit is his. But on lease they both have signed as joint tenant

now he is demanding his security deposit to be returned , wife is barely paying rent but unable to pay for additional money as security deposit.

what law says ?

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Law says LL gets to keep deposit until everyone moves out and your H is not entitled to either all or a part of it. In theory, he would only be able to get half back, since you were joint tenants, LL did not designate whose pocket it came from and it was from both of you.

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William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: He is on the lease and is contractually obligated to abide by its terms until it expires, whether he lives there or not. He and his wife are jointly responsible for the security deposit and monthly rent.

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