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Can an apartment manager keep a security deposit for a month to month apartment when occupants have lived there for 3 months?

Antioch, CA |

The apartment manager informed the occupants that they needed to live there three years in order to get the deposit back and the rental agreement does not state that the occupants need to live there for three years.

Attorney Answers 3

Posted

No part of the security deposit can be “non-refundable.” (Civil Code section 1950.5(m)). It is totally irrelevant how long you have lived in your apartment -- 3 hours, 3 days, 3 months, 300 years. If you paid a security deposit and you move-out a landlord (or apartment manager) must return your deposit -- or give you an itemized list of what is being deducted and why -- within 21 calendar days of the date you vacate the premises. Period. End of story. No exceptions.

In addition to AVVO's general disclaimer, please note that by this answer does not create any sort of attorney-client relationship. I am not your lawyer and this answer is not an attempt to solicit business. This answer is general in nature and does not consider all specifics of a particular query. No answer should ever be relied on in whole or in part, directly or otherwise regarding any potential legal claim. Someone seeking legal assistance should obtain the representation of an attorney in order to properly protect his or her legal rights. I am only licensed to practice law in California and laws differ between different states and localities.

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James Coy Driscoll

James Coy Driscoll

Posted

The landlord must also provide receipt or estimates if the amount withheld from your security deposit is $125 or more..

Posted

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Landlords take security deposit in order to protect themselves against risks of nonpayment of rent, or damages to the rented premises. The deposit is not dependent on how long tenant occupies the premises; if tenant damages the premises or fails to pay rent, the landlord may take a portion or all of the security deposit to cover such damages. Once you surrender the premises back to your landlord, your landlord has 21 calendar days to provide you an itemization of deductions made, and refund the balance of your security deposit to you. Take a look at the link below. Be sure to consult your own attorney to protect your legal rights.

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Posted

Neither does Civil Code section 1950.5. Doesn't matter if your there for 3 days, 3 months or 3 years, a security deposit is provided to cover your potential breach, not as a profit center. This landlord needs to be taken to small claims court for the return of your deposit

A proper response would require a thorough investigation into the history and background of this relationship. The information provided above is just that, information, to be used as you see fit.

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James Coy Driscoll

James Coy Driscoll

Posted

And when you sue him, request the two-times penalty available under Civil Code section 1950.5(l).

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