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can I get my deposit back and will my credit be o.k?


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#1 justinharper

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Posted 23 January 2013 - 04:04 PM

I moved into a one bedroom apartment 5 months ago. I never signed a lease because the manager said he will e-mail it to me but he never did. I thought I was commiting to 6 months but he emailed me the lease last night and it states that I am commited to a year. I am a college student getting ready to transfer and I cannot afford to stay at this apartment complex any longer. I am not going to sign the lease and I am leaving after 6 months is completed. Will I be able to get my deposit back? will this damage my credit? the landlord already refused to let me "abandon my lease". any advice would be appreciated. thanks.

#2 adjusterjack

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Posted 23 January 2013 - 06:12 PM

Your landlord is full of baloney.

You don't have a lease because you didn't sign one. You won't have a lease if you don't sign the one he just sent you.

You don't even have a 6 month committment.

You are on month to month.

However, in most states you need to give one month's written notice to the LL if you plan on moving out.

For example if you want to move out by January 31 you would have had to give written notice on or before December 31 or you would be charged for February's rent.

If you intend to move by February 28 you would need to give written notice on or before January 28.

If you give proper notice the landlord typically has 30 days to return your deposit after you move out. He can adjust it for damages that you leave behind and he can apply it to rent if you mess up the notice requirement.

Above is general information. If you post your state I'll give you a link to your landlord tenant statutes where you can look up your state's requirements.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 justinharper

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Posted 23 January 2013 - 06:38 PM

your a lifesaver! I would really really apreciate it if you send me that link. I live in Califonia...THANKS!!

#4 adjusterjack

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Posted 23 January 2013 - 10:43 PM

your a lifesaver! I would really really apreciate it if you send me that link. I live in Califonia...THANKS!!


The CA landlord tenant statute is here:

http://www.leginfo.c...ile=1940-1954.1

The notice requirement for a month to month tenancy is Section 1946.

The security deposit law is Section 1950.5.

Those two sections might apply to you now, but I'm guessing that you'll be renting places in the future so familiarize yourself with the entire statute and keep a link to it available for future reference.

There's a simplified guide at the following link but never rely on just a guide without checking the actual statute. If you are ever in court it'll be the statute that counts.

http://www.dca.ca.go...ok/catenant.pdf

You might also familiarize yourself with CA's small claims court website. You might need it if the LL stiffs you on the deposit.

http://www.courts.ca...smallclaims.htm

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 pg1067

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Posted 24 January 2013 - 08:10 AM

I agree with the prior responses. Note that he lanldord has 3 weeks to return the deposit and an accounting of any deductions. I suggest you take pictures of the premises at the time you relinquish possession so that you have some evidence of its condition.

#6 Guest_FindLaw_Amir_*

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Posted 24 January 2013 - 09:02 AM

To learn more about this subject matter, you may want to visit the Real Estate Law Center and read Landlord Tenant Law as a good resource. For further clarification, consider signing up for a legal plan on LegalStreet. For less than $13 a month, you can ask a local California lawyer all the legal questions you want and also get discounted legal representation if you need.




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