Can a manager take part of your deposit money for rent?
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moved out COMPLETLY today. And the manager gave me back my deposit. My deposit was $800 but he only gave me $773 because he said he was charging me for May 1st..I moved out May 1st but didnt return my keyes till this morning because I wanted to go back and clean. But I know I've read somewhere landlords cant take part of your deposit for rent. They can only take it if there is need for repairs, but even then they need to show receipt of how much they spent. What can I do? I moved out because he said I breached the contract and he and I know thats not true. I didnt want to fight about it so I moved...but now this? This isnt legal right? I live in California by the way..LA county. I mean if he wants me to pay for the 1st, fine, but he cant take it out of my deposit...doesnt he have to bill me separately?
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Answer:
obviously what the manager did wasnt legal. it sounds like he didnt do it the appropriate way to handle this situation. ive read tenant law and the manager can deduct money only for repairs and maybe if the tenant refuses to pay. and 27 dollars is something!! gas is expensive and that can get you about half a tank!! let something like this happen to you and see how you react.
Mrs. Kitty♥ at Yahoo! Answers Visit the source
Other answers
This is a very common practice. Not sure if it may be wrong somehow (or in some areas) but for $27 its not even worth fighting over (heck it would cost that much or more just to file againist him in small claims court). Just let it go and move on. Besides I think you would lose in court, and really its kinda nice of him to give you the money immediately. Many nasty landlords would've waited 30-60 days then only igven you part of the money saying there was some damage (whether or not there was) so things could've been alot worse.
bull_rooster_aardvark
He does not have to bill you separately. Unpaid rents can readily be taken from your security deposit. The security deposit is there for ANY unreimbursed costs, including unpaid rents. You can thank your stars he only charged you $27 for moving out late, and quit complaining.
acermill
Technically the security deposit is for damages, but he could claim he was damaged in the amount of $x because you kept the key an extra day. Let it go unless you want to sue for the one day and then have him sue you back for the one day.
estielmo
A landlord can take deposit money for any unpaid sum. To charge you an extra day's rent was reasonable.
rhsaunders
Damn, what a crybaby! All for $27.00... You piss away $27 a week on stupid stuff, so zip it, learn your lesson, and get on with life!
L.K. Duh
In Los Angeles, you have to pay rent for every day you control the property. That is every day you have not returned the keys to the landlord. They can take that rent from the security deposit if you do not pay it.
MIND THE GAP
Your landlord was completely right. If you only paid through April 30 and you did not return your keys until May 1st then you owe him for rent. And yes, he has every right to take that out of your deposit. He does not need to bill you seperately, but he is supposed to include a list of what he deducted from your deposit when he returns the remainder.
Brandi C
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