Quote:
Originally Posted by Kks2
Hi, guys,
I have a question about security deposit. I rented an apartment in Los Angeles for last year, and I left there a few months ago. It is a six-month lease, and I pay the entire amount, which means I paid everything six months in advance. I thought that means we agreed that I would stay here for six months only. Recently, because I have not got my deposit back two months after I left, I contacted the office. I sent them tons of emails, but they did not reply me until a month later that I did not give them a thirty day notice and so I would not get my deposit back. Here is what it is said in the lease:
2. Security Deposit: Renter shall pay to Landlord the total Security Deposit set out in Section F to secure Renter’s compliance with all terms of this Agreement and Landlord’s Rules and Regulations. (In addition to the first month’s rent, Landlord may demand a security deposit not to exceed two times the monthly rent for unfurnished apartments and three times the monthly rent for furnished apartments.) No portion of the Security Deposit shall be deemed rent for any rental month unless Landlord so elects nor shall it constitute a measure of Landlord’s damages. No interest is payable on the Security Deposit unless required by law. Any refund of the Security Deposit to Renter shall be made in an amount and manner in accordance with the provisions of California Civil Code section 1950.5.
Before Renter vacates the apartment, Renter must give Landlord written notice at least thirty (30) days prior to the date of intended vacancy. Such notice must include a forwarding address. If thirty day notice is not given, Renter shall be responsible to pay the rent for 30 days after Renter vacates the apartment, and forfeits the entire security deposit. Prior to vacating the apartment and after removing all personal property, Renter must schedule an inspection of the apartment with Landlord during business hours. All door keys, mailbox keys and garage door/gate opener(s) must be given to Landlord during the inspection to have the key/remote deposit returned.
The thing is that I sent them a move out notice on the 6th Sep that I was leaving earlier, and they just give me a simple ok reply. The lease ended on 30th Sep, but I already left the apartment on 25th, seeing them doing the final inspection. After I left, I kept sending emails regarding the security deposit, but they did not reply me or notify me anything until after two months later when I legitimately sent them a demand letter. I thought under California law the landlord is required to notify the tenant anything regarding the deposit within 21 days. Otherwise, the landlord would not have the right to give any of the deposit. A friend of mine used to live in the same building, and he left a month earlier than me, but he still have not received his yet. I also heard that some other tenants waited a very long time and they have not got their deposit yet. Therefore, I am wondering if I should file a small claim or just let it go since the deposit is only US$400.
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I think you should sue them.
First of all, you did give 30 days notice to move out. By giving them a notice you were going to be moving, that qualifies, even though your 30 days would be beyond Sept 30th (end of the lease).
So, you gave notice on Sept 6th, which means you would owe proprated rent in October until Oct 6th (or however 30 calendar days works out). So, you'd owe approximately 6 days rent.
They could have taken the 6 days rent out of your deposit, as long as they didn't get the place rented prior to that date.
Then, they could have also charged you for any damages from the deposit.
The clause that says they can keep your deposit if you don't give them 30 days notice is not legal in CA, anyway. The landlord can only keep deposits in CA for rent owed and damages/cleaning.
And you're right, the LL forfeits the deposit if they don't return the deposit within 21 days, and since you turned over your keys on Sept 25th, the 21 days would begin counting from that date.
I think you should sue for the $400 deposit, plus $800 in punitive damages (allowed up to twice the deposit amount if the LL kept the deposit in bad faith), plus your court costs.
The LL will probably counter-sue you for rent owed and maybe make up a bunch of other stuff, and try to say that you didn't give 30 days notice, and that you agreed to forfeit your deposit by signing the lease. If they say this, just say to the judge, "I don't believe non-refundable fees are legal in CA, so that clause is not enforceable. At least that's what I understand the law to say." Something like that.
The LL will probably be able to get the rent that you owe through Oct 6th, even though they broke the law regarding the 21 day notice. If I recall correctly, they still get any rent owed to them.
I think you'll win, but the judge may deduct 6 days rent from the deposit. They don't usually award punitive damages, either, so I wouldn't expect to get that.
But, you will win, based on what you've said. You'll at least get back your court costs and most, if not all, of your deposit. And $400 is a lot of money to me now. The only thing that might keep me from suing, is if traveling to court would be prohibitive.
Good luck!
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