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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: 4 months ago.Category: Landlord-Tenant
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Answered in 20 minutes by:
1/3/2018
Lawyer: Thomas Swartz, Attorney replied 4 months ago
Thomas Swartz
Thomas Swartz, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,252
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

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Thomas Swartz
Thomas Swartz
Thomas Swartz, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,252
3,252 Satisfied Customers
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

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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.

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