Can a California landlord keep "last month's rent" and not use it for rent?
October 8, 2010 8:35 PM Subscribe
My landlord claims that the "last month rent" deposit can only be used for rent, and though I already paid rent this month, now won't refund it. Is this legal?
posted by Subspace to law & government (18 answers total) 9 users marked this as a favorite
Today (the 8th) I gave 30 days notice on our apartment, which I've already paid up through the beginning of November. In my notice to vacate, I reminded that landlord that I paid a "last month's rent" deposit two years ago, and was expecting that returned to me minus the pro-rated 8 days. He responded by telling me, "Sorry, last month's rent deposit can only be used for last month's rent. Guess you're paid up to December."
The way I understand the law, no matter what you call any deposit, it is always refundable. Is anyone familiar enough with California renters laws to confirm this? I don't want to sound unsure when I tell him he has to give me my money back or I'll take him to claims court.