 If my partner has been on my tenency agreement for 4months does he have any rights to the property if we split |
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Additional Details
I think the question is clear as it reads.... |
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whatsit2u | Who would win in court? my landlord or me.? |
i left a 20 day notice instead of 30 to move out. my landlord failed to notify me of his intention of keeping my deposit within 21 days after i left. i didnt owe any back rent and the properity was left as it was when i moved in. i have yet to receive anything in writting stating why he kept my deposit for not giving the full 30 day notice. i live in calif. |
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♥ady_8e_80♥
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Yeah, your landlord will win. You would have had a chance if you had left 30 days notice. |
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Ashesmum
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Try calling him and telling him you need your deposit back. If nothing happens, go above his head and talk to the management company or owner. You can always threaten by telling them you are going to sue. Any pictures of the place before you left might help in that case to show all was ok when you left. |
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sarah k
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Your Landlord will win because you didn't give him 30 days notice. They put these things in your tenancy agreement for a reason! |
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Weetie
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Proper notice was not given...Landlord will win. Sorry |
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Naomi
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Sometime you should actually read all the paperwork you sign. That way you won't have to complain about your landlord, insurance company, credit card company, etc. etc. |
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veteranpainter
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Due to the fact you live in California......I wouldn't be a bit surprised if that is the reason he kept your deposit......but you're absolutely right in expecting a notice of some kind. It might be a good idea to read your lease too my friend. Tenants always get the *****y end of the stick......KEEP UP THE FIGHT!!!...LATER |
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realestatelawyer
 |
If everything is as you described it here, then you will most likely win in court. According to CA law, if the landlord does not provide you with either the deposit or a written, itemized accounting of the deposit with 21 days then the landlord loses the right to retain any of the deposit.
Check out http://www.dca.ca.gov/legal/landlordbook/catenant.pdf for more information. |
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bdausey
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Your landlord will win. Your lease clearly stated that you must give a 30 day notice to leave. Sorry, you lose your security deposit. |
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Mopar Muscle Gal
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he will if it states in the contract it must be a 30 day notice- you already said you left only a 20 day
pounds gavel on desk |
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saulg21
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I would suggest checking with your local Housing Authority and see what they say. Good luck. |
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cdhpotter
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If the law or your lease says you have to give 30 days then your landmord will win because he can technically charge you another full months rent. |
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curious1223
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Try small claims. Won't cost you very much. Also, review your contract/lease. Does it say that the landlord can keep the deposit if you don't give a 30 day notice (in this case you won't win)? Also, have you tried just asking for it (nicely). Just call him and say that you realize he is busy, but perhaps he can look into the matter of your deposit. |
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Sweet Mystery of Life
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I've been a property manager for many years in NY and NJ. You didn't state whether you had a periodic rent agreement or a long-term lease. This makes a difference. If you paid rent weekly under a periodic agreement, then only 7 days notice is required (unless of course the agreement specifies some other period), if it's a month to month, then 30 days notice is required. In the case of a long-term lease (e.g. a year) no notice is required unless the lease says different.
According to California law, if the landlord doesn't return the security deposit or give an accounting of what it was used for within 21 days after you vacate, he/she forfeits the entire deposit.
BTW, if you had a month to month, you DID owe back rent because you failed to give proper notice, but since the landlord didn't meet his obligation, the point is moot.
You should contact the landlord and try to negotiate return of your deposit. If you don't succeed, your recourse is to take action in Civil Court. Good luck and here is a resource for you: |
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Nikia V
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you got no chance dude. |
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