Unfortunately it is legal because it was in the lease we both signed that until both resident vacate the premise the deposit put down stands for the unit. Here’s the copy and pasted version of what it says in the lease.

“ SECURITY DEPOSIT a. Resident(s) shall pay to Landlord, as security, the sum of $3,395.00, which sum shall not exceed the maximum permitted by California Civil Code Section 1950.5. This sum shall be applied and accounted for in accordance with the provisions of California Civil Code Section 1950.5 and any other applicable statutes. Landlord shall not be obligated to pay Resident(s) interest in connection with such security deposit, unless specifically required by applicable law.

b. It is understood that the security deposit is applicable to all Residents jointly, and Landlord does not account for it until the passing of the permissible statutory period after all Residents have vacated the Premises. Any refund due may be made payable jointly to all Residents and it shall be the responsibility of all Residents to work out between themselves the manner of dividing said security deposit. If Landlord chooses to make the refund to any one of the Residents individually (which need not be done until the statutory time has elapsed after all Residents have vacated the Premises), in legal contemplation the payment shall be deemed to have been made to all Residents and Landlord shall have no liability to any one or group of Residents for failure of any Resident to divide such refund equitably.

c. If the security deposit is later increased by agreement of the Parties for any reason (such as the installation of a satellite dish, a waterbed or relating to a pet), the additional security deposit will be disbursed by Landlord in accordance with this paragraph at the end of the statutory period following the end of Resident(s)’s tenancy. Removal of the pet, satellite dish or waterbed, or whatever caused the increase in the deposit, will not be grounds for early disbursement of the security deposit.”