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loeblaw, Attorney
Category: Legal
Satisfied Customers: 1669
Experience:  Trial Atty---NY, NJ & Fed Courts, Owner of law office for 10+ years--Recently joined this Site
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Is charging first, last and security deposit illegal in california

Resolved Question:

Is charging first, last and security deposit illegal in california? if so and was charged all three and am now having a hard time getting deposit back what should I do? The house was left in great condition everything cleaned inside and out. We had mold issues in the house and lost property and had to leave the house due to wife being pregnant and us getting sick due to mold issues. Anyway for us to retrieve all or some of the damage that it caused to our property at least.
Submitted: 7 years ago.
Category: Legal
Expert:  loeblaw replied 7 years ago.
It would not be illegal to charge 2 months rent and security deposit. But if the house was left in good condition and the landlord refuses to return deposit you have a prime action for a small claims case. You can demand the return of security deposit, and under California law you, if you can show the landlord held the deposit without a good faith reason you can be entitled to up to $600 above the amount of security deposit amount.


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Customer: replied 7 years ago.
what do I need more than pictures of the mold the house had and that was on our furniture and clothes etc to get money back for damages from landlord
Expert:  loeblaw replied 7 years ago.
I think that would be an excellent start....A copy of the lease would be helpful and if you have any pictures of your move out and proof that you moved out on time then you are set.

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