First and Last Month's Rent

[jjbarnone]

Hi all,

I'm in California and here's what's going on. I've been renting a room since September 2009 and will be moving out no later than May 31, 2010. When I first moved in, I gave the landlord/roommate my first and last month's payment on two separate checks. There was no security deposit.

I was paying him monthly usually a week or so before the first being that the checks I have are from out of state. I paid him on April 23 to apply for May's rent. I had been planning on moving out within the next few months, and over the course of the following days, decided May would be my last month.

On April 26 I told him I'd be moving out and that May was my last month. I told him that I'd naturally like to use my last month's rent deposit to pay for May and asked him to either give me my check back, or write me a check back. I can't remember how he put it, but he goes something like, 'oh, ok, well I think we're even right now.' I reminded him that I paid him back when I moved in, and then again the other day. I have the rental agreement, with his handwriting stating first and last due at move-in and have the two check's carbon copies for more proof. On top of that, I printed out his original Craigslist's posting - which states no security deposit. At the end, I handed him a moving out letter and the following day emailed him the same letter.

My question is this, how long does he have to give me my money back. As far as I'm concerned, he's suppose to keep that last month's deposit money in an escrow account and should write me a check back either immediately or within a day or two.

Thanks,
jj

 

[army judge]

Hi all,

I'm in California and here's what's going on. I've been renting a room since September 2009 and will be moving out no later than May 31, 2010. When I first moved in, I gave the landlord/roommate my first and last month's payment on two separate checks. There was no security deposit.

I was paying him monthly usually a week or so before the first being that the checks I have are from out of state. I paid him on April 23 to apply for May's rent. I had been planning on moving out within the next few months, and over the course of the following days, decided May would be my last month.

On April 26 I told him I'd be moving out and that May was my last month. I told him that I'd naturally like to use my last month's rent deposit to pay for May and asked him to either give me my check back, or write me a check back. I can't remember how he put it, but he goes something like, 'oh, ok, well I think we're even right now.' I reminded him that I paid him back when I moved in, and then again the other day. I have the rental agreement, with his handwriting stating first and last due at move-in and have the two check's carbon copies for more proof. On top of that, I printed out his original Craigslist's posting - which states no security deposit. At the end, I handed him a moving out letter and the following day emailed him the same letter.

My question is this, how long does he have to give me my money back. As far as I'm concerned, he's suppose to keep that last month's deposit money in an escrow account and should write me a check back either immediately or within a day or two.

Thanks,
jj

You are operating on some incorrect assumptions.
California, like all states, has established law to cover security deposits.
The following is excerpted from the State of California Courts website.
It addresses all you might wish to KNOW about California and security deposits.

I've provided a link for you to do additional research on this matter at the bottom of the page.

Security Deposits
A security deposit is any money a landlord takes from a tenant in case the property is damaged.

How much can a security deposit be?
If security deposit is for a residential property without furniture, the security deposit may equal 2 times the rent.

If the residence is furnished the landlord may charge up to 3 times the rent.

There is no restriction on the amount of the security deposit for the rental of a commercial property.

Does a security deposit have to be returned?
If a tenant damages the property, the landlord can deduct the cost of fixing it from the security deposit. But if the tenant returns the rental in substantially the same condition in which it was rented (less reasonable wear and tear), the landlord must return the deposit. A landlord can't make tenants pay for painting, new carpets or curtains, unless there was serious damage. The landlord is allowed to deduct the cost of cleaning if necessary to put the unit back to the same level of cleanliness it was in at the time the property was leased (less reasonable wear and tear).

Within 2 weeks of the tenant's move-out date, the landlord must advise the tenant, in writing, of the right to be present at a walk-through with the landlord. The purpose of the inspection is to allow the tenant an opportunity to repair damage pointed out by the landlord.

When can I get my deposit back?
After you move out, a landlord has 3 weeks to return the security deposit or send a list of how much each of the damages cost including all receipts. Click here for help writing a letter asking a landlord to return a security deposit. A landlord can only charge a tenant for unpaid rent and for fixing damage by the tenant that wasn't caused by normal use.

Note: If you also paid "last month's rent," that rent will not be returned. It must be used for your last month's rent.


Must I notify the landlord before I move out?
Yes. If you pay rent once a month, you have to give your landlord 30 days' notice in writing. If you don't, the landlord can charge you for the unpaid rent. Unless a new tenant pays the rent, you'll have to pay for those 30 days. If you pay rent every week, you have to give 7 days' notice.

What if I think the landlord is keeping too much money for repairs?
The landlord has to prove that the repairs are necessary and reasonable and must provide you with receipts for those repairs.

What if I don't get my deposit back after 3 weeks?
Write a letter to your landlord if you feel too much was retained from your security deposit and explain why you believe you are entitled to a larger refund.

Keep a copy of the letter for your records.

What if I can't agree with the landlord?
File a claim in small claims court. You can sue for the deposit plus twice the amount of the security deposit in damages. The judge will give you damages if the landlord retained your deposit in bad faith.

http://www.courtinfo.ca.gov/selfhelp/smallclaims/research.htm#secdep

 

[jjbarnone]

Thanks for the reply. I'm a little confused on a comment you made....

It addresses all you might wish to KNOW about California and security deposits.


I did not give him a security deposit - just a first and last month check payment. I thought that the last month's check given to him was to be used for the actual last month of my occupancy?

 

[army judge]

Thanks for the reply. I'm a little confused on a comment you made....

It addresses all you might wish to KNOW about California and security deposits.


I did not give him a security deposit - just a first and last month check payment. I thought that the last month's check given to him was to be used for the actual last month of my occupancy?

If you also paid "last month's rent," It must be used for the last month's rent.
The first month's money should be returned to you.

In CA, you can only charge two times the monthly rent for an unfurnished apartment.
.

California SECURITY DEPOSIT
In California, a security deposit for residential property unfurnished, the security deposit may equal 2 times the rent. If furnished, the landlord may charge up to 3 times the rent.

In California, there is no such thing as a "non-refundable" security deposit. No matter what it's called—a key deposit, cleaning fee, move-in fee, closing costs, last month's rent, etc.—all money you pay in addition to your first month's rent is refundable. Since "nonrefundable" deposits are illegal, don't worry if your rental agreement includes a section about a "nonrefundable" deposit. This section will not be valid even if you have signed the rental contract or agreed to it.


The Return of the Deposit: If a tenant damages the property, the landlord can deduct the cost of fixing it from the security deposit. But if the tenant returns the rental in substantially the same condition in which it was rented (less reasonable wear and tear), the landlord must return the deposit. A landlord can't make tenants pay for painting, new carpets or curtains, unless there was serious damage. The landlord is allowed to deduct the cost of cleaning if necessary to put the unit back to the same level of cleanliness it was in at the time the property was leased (less reasonable wear and tear).

How much time does a California Landlord have to return the deposit?
After you move out, a landlord has 3 weeks to return the security deposit or send a list of how much each of the damages cost including all receipts. A landlord can only charge a tenant for unpaid rent and for fixing damage, not normal wear. The landlord has to prove that the repairs are necessary and reasonable and must provide you with receipts for those repairs.

What if I don't get my deposit back after 3 weeks?
Write a letter to your landlord if you feel too much was retained from your security deposit and explain why you believe you are entitled to a larger refund.