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Old 01-29-2009, 06:04 PM
 
1 posts, read 3,317 times
Reputation: 12

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Hi, I'm new here and I have a question.

I've been living in a detached garage which has been converted into a studio like dwelling. It has a bathroom, kitchen, smoke detector (not sure if it works tho) and has no problems structurally.

I have been there for about 4 months, starting October 2008. I have paid rent through personal checks.

On December 2008 I found out that it was an illegal dwelling. The city was sending an inspector out and the landlord asked me to vacate the building for two or three days, which was discounted from the next month's rent.

I am planning to move out now, and have given the landlord a month's notice. I know there are steps I can take to either get a relocating fee or recoup the past rent. But I don't really want to do that, it's not a big deal for me.

I am, however, worried she might not return my security deposit. I plan to get the full deposit back since there was already an absurd $200 cleaning fee.

I want to ask, what are some things I can do if the landlord doesn't return my security deposit?

She's upset I'm leaving (she claims it was a one-year lease although there is no paperwork or oral agreement and did not tell me it was an illegal dwelling at the time of move in) and wants two month's notice even though i know only 30 days is required by law.
I already agreed to pay for the full month of February even though I will be moving out on the 15th of February.

Last edited by masas; 01-29-2009 at 06:11 PM.. Reason: additional info
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Old 01-29-2009, 08:22 PM
 
Location: SoCal
14,530 posts, read 19,980,973 times
Reputation: 10539
It seems to me that your lease is invalidated and void if indeed the city has declared it an illegal dwelling. I doubt that your premature lease breaking is enforceable since it's the landlord's fault. I suggest you take full pictures to prove that you left the place in good shape, and see if you can find somebody who will do a walk-through on your last day and testify in court that the place was in good condition.

Actually, a long time ago when I was a renter, I often just gave notice at the beginning of my last month, and paid my rent minus my deposit. This is recognizing that by the time they can evict you you'll be gone anyway, and if you truly have caused no damage it would be difficult and not profitable for them to try to recover the deposit, then subject it to paying you your deposit which would be the same amount of money. I don't recommend this but it worked for me in the cases where I was dubious that I could trust my landlord.
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