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Does my landlord have to pay back my security deposit..........?
My landlord left a message on my phone yesterday telling me I was being evicted. The reason is not because I don't pay my rent on time and I am not even in violation of the lease. He just got pissed at me because I don't want the service people from a water removal place to be in our storage room unattended and I got into it a little bit with him about it. The reason I don't want Flood Pros in our storage area is they damaged some of our stuff from the first time they were here. We had a flood in our basement due to heavy rainfall, that's why they were here last month.
7 Answers
- prusa1237Lv 71 decade agoFavorite Answer
A landlord or his agent has the right to go anywhere on the property after giving 24 hours advance notice. You have no right to deny access to the contractor. If it is indeed a security deposit and not a cleaning deposit you are entitled to get it back within the statute limitation in your area, usually 30-60 days after you move out. This refund assumes that you do not owe the landlord any money. You are also entitled to 30 days notice if you are in breach of the lease agreement, which it sounds like you are. Hope that helps.
- Anonymous1 decade ago
Umm you should have received some sort of notice of eviction, not a phone call. If your case is true then you may be able to get a lawyer. You do have the choice of being there when service workers come. But if he told you in advance and you didn't make plans to reschedule to a date that you would have been there, then you can be held liable and evicted.
Your security deposit is a deposit they keep in case something like this happens and damages to the property etc. So he can very well keep it.
- r1b1c*Lv 71 decade ago
If you have a month to month agreement then yes, he can not renew it. But, if you have a signed contract, for however long that lease is, then, unless you have violated the contract he can not evict you. If he does in violation of the contract you would be a fool not to take him to court and claim all the damages he has caused, from moving expenses to adjustments of your work/school schedules. And yes, he most definitely would have to return the security deposit unless this event is specifically covered in the contract you signed. It may say something along the lines of "tenant must make the premises available to management upon request", if that is the case then you are out of luck.
Cheers,
- Anonymous1 decade ago
Most landlord tenant law (eviction included) is state to state. But, in CA the law is very specific regarding the necessity for the LL to follow the rules, to a tee. There is a process, including notice prior to eviction (how long you have been there, whether you are on a lease, etc determines time for notice). Do you have a lease? how much time is left on it?
Then you need to ask yourself this.... even if you stall or block his attempt at eviction (this time) how enjoyable is it going to be living in someone's property who doesn't want you there. I have seen LL's make people's life hell... how long do you want to fight it? Most counties in CA have a agency which can help with tenant issues... check yours.
In CA the landlord must issue an itemized statement or refund the deposit within 21 days or can be subject to statutory damages for "bad faith."
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- Michael HLv 71 decade ago
He has a right to send service people to do necessary repairs, if you refuse to allow them in to do the repairs, then he has grounds for eviction.
Eviction orders are not served over the phone via voice mail.
If you get evicted for good cause, he does not have to return your security deposit.
- K2burn7Lv 51 decade ago
If you haven't done any damage in the place, then yes, I do believe he has to pay it back. I would take pics showing that you have not done any damage, and if need be take him to court.
Sounds like you have a jerk of a landlord.
- poolekitemanLv 61 decade ago
so, in what way have you broken the terms of your lease?
time to find a pro bono lawyer!