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  1. #1
    Join Date
    Mar 2009
    Posts
    13

    Question Moving Out - Abusive Landlord/Roommate

    My question involves landlord-tenant law in the State of: CA

    Thank you for taking the time to read this:

    I am on a month to month, no actual lease signage. The house itself is leased under the roommate I am paying my rent money too. The roommate (landlord to me right?) gave me 30 days to vacate (notice on March 1st), I already paid for march and they are holding 1 monthís rent as a deposit though I signed the check over which stated Last Months Rent. I am using check copies as my receipt forms. Iím moving out end of March. There was no pre move in form or documentation. It is a furnished room. I am worried that he will make false claims on the room itself or just decide not to give back the deposit. Obviously I will clean the place and take pictures of the place clean just before I leave to show I did not leave it dirty. However some of the furniture in the room had some pre-existing damage. Was it his job or mine to do a walk through and pre move in documentation? Since he, the landlord, gave move out notice, should it have been more than 30 days? If he does not send me a notice of damages, etc within 21 days does he waive his right to file any claims against me? FYI he did not give any other type of notice or pre move out inspection.

    I am using cell phone text messages and the cell phone text message bill to show that he did give notice on March 1st.

    Not sure if it matters but he was a very abusive roommate who constantly revoked privileges to his property items which I had a right to use per email documentation and as a condition of rent. Proof of verbal abuse is through audio recordings.

    If possible can you quote any state statute

    Thanks

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Moving Out - Abusive Landlord/Roommate

    Both of you were responsible for a pre-move in checklist. One hopes you took pictures of the place on move-in day?

    With respect to notice, he's required to give you 30 days if you've been renting less than a year, 60 days if you've been renting more than a year.

    California security deposit rules are here.

    Whether or not he was abusive is irrelevant.

  3. #3
    Join Date
    Mar 2009
    Posts
    13

    Default Re: Moving Out - Abusive Landlord/Roommate

    Missy,

    As I suspected the landlord did not return the full amount. It has almost been 21 days since move out and I received a later stating he took out "$100 for lost dishes and cleaning". That is not an itemized list with receipts in my opinion therefore I believe I am entitled to the full deposit back.

    My question:
    Besides the return of my full deposit, can I sue for anything additional including interest, cost/time to prepare, lost work time to solve the issue, etc.

    Thanks

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