Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

We were evicted and the owner would not give us our 1200…

Customer Question
We were evicted and...

We were evicted and the owner would not give us our 1200 deposit. we were not evicted for non payment of rent, but because owner had sold property, or was in process

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California / fresno/ kerman ca

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No, verbal agreement, where he promised completion of restoration, but did not finish, we had no cooking facilities for over a year, then we purchased and installed a built in oven, asked owner to at least help pay for it but refused s

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The smoke detectors did not work , it was severly rat infested, and was being electric shocked while taking shlosers , washing clothes dishes etc

Submitted: 1 month ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 20 minutes by:
1/3/2018
Lawyer: Thomas Swartz, Attorney replied 1 month ago
Thomas Swartz
Thomas Swartz, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,215
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified

Hello JACUSTOMER,

California landlords are only allowed to keep a security deposit for (1) unpaid rent; (2) for cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in; (3) for repair of damages, other than normal wear and tear; and (4) if the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property.

Keeping a security deposit simply because the landlord sold the property is not a sufficient reason to keep your deposit.

If the landlord does keep your security deposit, the landlord must provide you within 21 days with an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions.

If the landlord does not provide you with this itemized statement, the landlord loses his right to keep any of the deposit.

So, you should immediately write to the landlord demanding that he return your deposit, or provide you with the itemized statement for the reason he is withholding your deposit. Your letter should warn the landlord that if he does not comply and return the deposit, you will sue him in small claims court to return the deposit.

See the information provided by the California Department of Consumer Affairs - Refunds of Security Deposits.

Thomas

Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz
Thomas Swartz, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,215
3,215 Satisfied Customers
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Thomas Swartz is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Our landlord keeps emailing us accusing us of smoking in our
Our landlord keeps emailing us accusing us of smoking in our unit. She is claiming there is an odor coming from our apartment and that she knows it is “me” because she smells it when I am home however… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I own a trailer that is in a trailer park in Va. I let my
I own a trailer that is in a trailer park in Va. I let my son move in with a application verbally approved by past property management. My daughter in law complained to the current property manager ab… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,301 satisfied customers
My Baltimore tenant is in late on her rent with no intention
Hi..my Baltimore tenant is in late on her rent with no intention of paying. Also two of the leasee's broke the lease. I have filed for repossession of the property and am awaiting court date. To add i… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My landlord via the leasing office/maintenance staff has
My landlord via the leasing office/maintenance staff has been entering my apt. after I've left. MY family base is in NY and I currently reside in NJ. I've reported same to the cops, they said that the… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I own a small business in minnesota. we have reached the
i own a small business in minnesota. we have reached the final month of our lease. we didnt pay the rent for february by the 5th of the month. our landlord has now threatened to change the locks on ou… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am selling my business but both me and my ex-husband are
I am selling my business but both me and my ex-husband are guarantors on the commercial lease, along with two other former partners. My fear is if the new owner cannot pay the rent at some point ( the… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,734 satisfied customers
I have a tenant that is accosting me in the parking lot
I have a tenant that is accosting me in the parking lot because I refuse to pay for a bed and a laptop that she is claiming got damaged as a result of a roof leak. All my tenants have a signed copy of… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,599 satisfied customers
I recieved a 10 day notice to pay or vacate the property due
I recieved a 10 day notice to pay or vacate the property due to rent not aid … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,599 satisfied customers
My daughter got married approximately 4 months ago when I
My daughter got married approximately 4 months ago when I checked out the hotel said I was paid in full now I receive a bill in the mail stating I owe $650 for unpaid rooms am I liable… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,683 satisfied customers
My mother passed away. She lived in her apartment for 20
My mother passed away. She lived in her apartment for 20 years. What expenses can the landlord charge her estate for after so many years of tenancy? I'm the official next of kin and she will not suppl… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Lease agreement did not state the tenant can or can't
Lease agreement did not state the tenant can or can't conduct business in residential apartments. Tenant run a day care business in the tenants' apartment about one month ago. The tenant did not ask f… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,599 satisfied customers
I am going to write to my Landlord an objection to her
I am going to write to my Landlord an objection to her request. Her request is that have 120 days to move out of the unit I rent from her. She is claiming to take her property off of the San Francisco… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I was being stalked. He actually broke into my apartment. I
I was being stalked. He actually broke into my apartment. I called the police and made a report for a restraining order and had my locks changed. He continued to contact people I know. I was so scared… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a tenant that just moved out of my house she was due
I have a tenant that just moved out of my house she was due out by February 16 (no eviction) and she still has a lot of stuff left behind. She said that she would get it out by the 1st of March. She h… read more
Lori
Lori
Juris Doctor
634 satisfied customers
I lost my bag Monday coming home on the train and my keys
I lost my bag Monday coming home on the train and my keys were in there. The building super had keys to every apartment but mine. They called a locksmith who left my door with no door knock, another l… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,599 satisfied customers
I am a Landlord in California. My rental has 3 window that
I am a Landlord in California. My rental has 3 window that have a broken counter weight rope broken. They were broken 5 years ago when the tenant moved in. In the last two years of their tenancy they … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am disabled I have been hacked for weeks I have sent
I am disabled I have been hacked for weeks I have sent please for help to all agencies I filed a complaint with human rights division of Florida and they have violated their ordinance of no retaliatio… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have had mice in my apartment for months and my landlord
I have had mice in my apartment for months and my landlord takes no responsibility. What legal action can I take? I also pay extremely high rent and the reason was because I was paying for a clean apa… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x