Sunday, December 4, 2011

Can he get back part of his deposit?

Last year, my boyfriend moved into an apartment in California. Because his credit report had a few (PAID) collections, the apartment complex owner insisted that he pay a double deposit, which he did. That amounted to twice the rent: $2600.





He's up for a lease renewal right now. The owner wants to renew, but my boyfriend wants half his deposit back. He's paid his rent every month on time, his credit score has gone up about sixty points since moving into his apartment, and he hasn't been loud, destructive or caused any problems. He's even open to a thorough inspection of his apartment by the manager before renewing.





He figures that, since he paid twice the deposit because of the owner's uncertainty about his reliability as a tenant, he should only have to pay the normal deposit now that he's proven is he IS reliable. But what he thinks is fair and what's going to happen are quite different.





What are the chances of his getting half his double deposit back? Any advice? Thanks.|||Legally as understand it he is only ENTITLED to his deposit back once he cancels the rent agreement (i.e. moves out). The deposit was agreed when he moved in and whilst I appreciate that his circumstances have changed since then, the fact of it is he agreed to pay the amount he did as a deposit, and he is still living there, so not actually legally entitled to anything back.





Having said that there is no harm in him approaching his landlord nicely, explaining how he feels and politely asking if there is any way the landlord would consider giving him a portion of his deposit back. Having said that, if the landlord says no, then I'm afraid he is just going to either have to accept that or move out to live somewhere else.|||You do NOT get any deposit money back until you MOVE OUT|||He can ask but the landlord can still say no. This is not a law but the owners discretion.|||Slim - there are no regulations on giving any deposit back before he moves out..........it is purly up to his landlord.





Personaly - I would give 1/2 back.|||Well; it is all based on what the landlord wants but i would think if the landlord is a fair man he will give it back.


Your Bf is under no obligation to stay there after his year and probably would get a good recommendation if he moved; but there are no guarantees all he can do is ask and see what happens and then make a decision before renewing his lease.


He might get half back; but he will still have a single deposit out there.|||He can bargain with that on his record now, but the landlord has every right to keep the full deposit until he moves out.|||You can negotiate whatever you want at lease renewal but he isn't "entitled" to anything. It's whatever he and the landlord agree on.

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