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Non-Refundable security deposit Security Deposit

Discussion in 'Other Residential Landlord & Tenant Issues' started by cluelessinca, Nov 25, 2013.

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  1. cluelessinca

    cluelessinca Law Topic Starter New Member

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    My husband and I rented a mobile home beginning Feburary 2011 -September 2013. We paid a $500.00 deposit. We gave a sixty day notice to our landlord in July of 2013 that we would be out by October 1st. When we moved in, we signed a one year lease with the understanding that it would be month-to-month upon the end of the lease. We were out September 25th 2013 we sent the landlord a text message with our forwarding address where she could send the security deposit. She text back that she received the text and she would get our deposit in the mail by the end of the week. Two weeks go by and we don't see anything in the mail so My husband calls her and she says that her phone reset and she didn't have his phone number. She apologizes and says again she would get the check out in the mail by the end of the week. About another week goes by and I send her a text asking if she has any intention of giving our security deposit back. At that time, she texts back that since we took such good care of the house, she sent us a check for $50.00. along with a copy of our lease agreement that states that the security deposit is non refundable. I did sign at the time not realizing what I signed. Is that even legal even though we signed? She's not saying she's witholding the deposit for any repairs since she said she was sending us 50.00 for taking such good care of the house, and the rent was paid on time and in full the entire time we rented from her. The only reason she gives for not giving the security deposit back is that it states that in our lease agreement and I initialed by it.
     
    Last edited: Nov 25, 2013
  2. army judge

    army judge Super Moderator

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    The law about renting mobile homes in CA.

    http://www.courts.ca.gov/documents/mobilehome_residency_law.pdf

    More CA mobile home rental law.

    http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml

    Your specific answer:


    BASIC RULES GOVERNING SECURITY DEPOSITS
    At the beginning of the tenancy, the landlord most likely will require you to pay a security deposit. The landlord can use the security deposit, for example, if you move out owing rent, damage the rental unit beyond normal wear and tear, or leave the rental less clean than when you moved in.87

    Under California law, a lease or rental agreement cannot say that a security deposit is "nonrefundable."88 This means that when the tenancy ends, the landlord must return to you any payment that is a security deposit, unless the landlord properly uses the deposit for a lawful purpose, as described below and under Refunds of Security Deposits.


    Educate yourself, it's your money:

    http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml#rulesgoverningsecuritydeposits
     
    Last edited: Nov 25, 2013
    cluelessinca likes this.
  3. Betty3

    Betty3 Super Moderator

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    Just a caution but you should always read, realize & understand what you sign. Otherwise, you might have problems you don't want.
     

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