Am I entitled to any of my deposit ifI had to terminate my lease early?

UPDATED: Dec 9, 2011

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Am I entitled to any of my deposit ifI had to terminate my lease early?

Due to a financial hardship I was unable to pay my rent. I explained to the landlord that I wasn’t going to be able to pay and so I would vacate the house ASAP and return home with my mother. He agreed and I vacated 4 days later (month-to-month lease). My rent payment was $1900 a month and he has a security deposit of $ 2500. Am I entitled to any of the security? I assumed he would keep the $1900 for the rent. I left the house clean, no damages at all the house was well kept. Also I haven’t received an itemized statement from him as of yet.

Asked on December 9, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not you are entitled to your security deposit from your former rental would be best addressed by carefully reading your written lease in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

Some rental agreements allow the landlord to retain the security deposit for unpaid rent. If you owe for unpaid months under the lease's terms, and the landlord did not give you a written lease for the balance of your term, you very well could be obligated under the lease for more money.

I would contact the former landlord to inquire as to the status of you getting the return of your security deposit back. From what you have written, there is a good chance that you will not receive it.

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