Q: Can a property management decline your deposit if you did not pay rent due to them not fixing the issue?
My previous apartment manager is not contacting me back after I asked her about my deposit . Before I gave her the keys she said she will get the deposit by the following week. Before that she first said I was not going to get my deposit because I didn’t pay last month rent. I informed her that I did not pay because the ceiling has been leaking since December of 2022 and they have not fixed it. Also the property management told everyone to leave the apartment so they can remodel and if not eviction notice would be serve.
A: One needs to be sure that her or her withholding of rent is proper. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A:
A property management company cannot withhold your security deposit solely on the grounds of non-payment of rent if the non-payment was a result of the property's failure to address a significant maintenance issue that rendered the premises uninhabitable. California law requires landlords to maintain habitable living conditions for tenants.
In this case, the fact that the ceiling has been leaking since December of 2022 and the property management failed to address the issue despite being notified may be considered a breach of their legal obligations. You may have a valid claim to retain your security deposit, and if necessary, pursue legal action for its return.
It is important to document all communication with the property management regarding the maintenance issue and the deposit to support your case if needed. If the property management remains unresponsive, it may be advisable to consult an attorney to explore your legal options further.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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