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  1. #1
    Join Date
    Jun 2009
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    1

    Default Lost Job, Broke Lease, and Landlord Kept Deposit

    My question involves a security deposit in the State of California

    I recently had a lease on a home from July 2008 - June 2009. I lost my job in November 2008. I really liked the home, but couldn’t find another job, so I couldn’t afford the $3100/month rent.

    I let my landlord know I was going to break the lease on April 17th 2008 and I was vacated on May 16th 2008. The landlord did a walk through on May 16th and signed a “Release of Liability” from any damages or cleanliness. The home was still in perfect condition.

    It’s now been 23 days since I’ve moved out and I haven’t heard a word from my landlord. She still has my $4000 security deposit.

    Is that legal? Doesn’t she still have to write me a “Disposition of Security Deposit” stating she’s keeping my deposit for unpaid rent?

    Technically I owe 2 month’s rent ($6200). BUT, couldn’t I sue her for double, or even triple the amount of the security deposit for “bad faith” since she didn’t write me a “Disposition of Security Deposit”?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lost Job, Broke Lease, and Landlord Kept Deposit

    You can only get damages above the amount of the security deposit if the landlord acts in bad faith. You don't dispute that you owe the landlord the amount of the deposit plus a whole lot more. How do you propose that the landlord's retention of your deposit constitute an act of bad faith?

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