Paramount, CA asked in Foreclosure for California

Q: It's a month to month oral agreement, the owner has asked me to move, can I ask for $ for my deposit?

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2 Lawyer Answers
Kenneth H Flood
Kenneth H Flood
Answered
  • Foreclosure Defense Lawyer
  • Los Angeles, CA
  • Licensed in California

A: yes ,you are entitled to a return of your security deposit if home is left in condition it was when you moved in. I hope you have photos to prove it. You are also supposed to get a 30 day notice.

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

A: If you paid $ for a deposit, you are entitled to a refund of that except for repairs the LL has to make to return the property into its original condition, except for ordinary wear and tear. If the LL wrongfully withholds your deposit, you could recover up to double damages. You are entitled to a written notice of a pre-move out inspection with the LL for him to identify things that need repair or cleaning in order for you to recover your full deposit. If you lived there more than a year, you are entitled to a 60 day notice of termination of tenancy. The LL has to refund your deposit and provide you an accounting of what he withheld, with receipts, within 21 days of your moving out. If you have problems, you can go to small claims or to a Tenant's rights attorney. If you go to small claims, understand you can only get what you ask for as the max. So if you forget to ask for double penalties, the Court cannot award them.

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