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Security Deposits

When you move into a new unit you are typically required to pay a security deposit. One of the most common disputes tenants encounter involves the return of security deposits.

The return of security deposits is governed by state law – California Civil Code Section 1950.5. California state law limits the amount a landlord can charge for security deposits. If your landlord is refusing to return your security deposit, contact our San Francisco security deposit lawyer today. The seasoned tenant attorneys at Wolford Wayne LLP can help you understand your options.

What Can My Landlord Do ​and Not Do with My Security Deposit?

In California, a landlord is only able to demand a security deposit of up to two months’ rent for an unfurnished apartment or three months’ rent for a furnished unit in addition to the first month’s rent. ​Landlords cannot require a non-refundable deposit, and your landlord is required to return your deposit or otherwise account for how it was spent within 21 days of vacating the unit. Failure to return your security deposit could warrant legal action taken with help from a San Francisco lawyer.

50+

years of experience in representing tenants.

Your landlord can only charge you for damage to your unit beyond ordinary wear and tear. What is ordinary wear and tear? I’ll put it this way – if you caused the damage with a bat, a ball, or a golf club, it’s probably a safe bet that it’s not “ordinary.” Put another way, it boils down to those things that are inevitable – paint won’t stay fresh forever, carpets wear out, etc. Sometimes landlords can be sneaky about this and try to charge you for a new carpet or to replace old appliances but as a general rule, this is not something you are responsible for unless you caused the damage yourself by some means other than regular use. To learn more about the reasons a landlord may spend your security deposit, contact a San Francisco attorney.

Procedure for Return of Your Security Deposit

In addition to the requirement that your landlord return your deposit within 21 days, they have to provide you with a full accounting if they withhold the return of any portion of it. That means they are required to send you receipts for replacement items they had to purchase, invoices for services they had to pay for, etc. If your landlord does not provide you with documentation, call them out by writing them an email or letter (remember, always keep copies) demanding to see the proof. If they refuse, or ignore you, you can use this as proof of bad intent later on (see below for details on what happens if they don’t give you the deposit back). Likewise, if your landlord submits a receipt/invoice that looks outrageous – $500 for a new towel rack? Our San Francisco attorneys suggest asking for an explanation of how your security deposit was used in writing.

Remedies if Your Landlord Refuses to Return Your Security Deposit

If your landlord fails or refuses to return all or part of your deposit, and/or to provide an itemized statement and proofs for any deductions, our San Francisco lawyers suggest writing your landlord a letter requesting an explanation and reminding them of their duties before escalating the situation on the off chance they forgot or sent it somewhere else. If you still don’t get it back, or if you disagree with the accounting, your best option is generally to file an action in Small Claims Court. In addition to the disputed money, your landlord may be liable for penalties for improperly withholding your funds. Because most deposits are less than $10,000 Small Claims court is your ticket.

Does Wolford Wayne Represent Tenants with Security Deposit Disputes?

Our San Francisco lawyers do not assist tenants in security deposit disputes. As a small firm we are limited in the number of new cases we can take on at a given time. Maintaining a high quality of service to our clients is our biggest priority. It is also important that we only represent tenants in matters where we believe we can create value. As such, we have to be mindful of how many, and what kinds of matters we take on. With the amount of the average security deposit amounting to less than $10,000, most deposit disputes are best handled in Small Claims Court, where no lawyers are needed. Therefore, we are not taking on security deposit issues at this time.

$2 Million

Recovered on behalf of a South Bay Family after an apartment fire caused severe burns to a minor due to the lack of fire safety equipment.

$ 1.56 Million

Recovered on behalf of a group of 30 tenants living in an SRO in San Francisco who were living with horrendous conditions in their rent controlled apartments, including rodents, bedbugs, mold, water leaks, and harassment.

$1.3 Million

Recovered on behalf of a group of tenants living in an SRO in San Francisco dealing with negligent management, pest infestations and poor living conditions.

$1 Million

Recovered on behalf of a San Francisco family who were forced out of their long term home due to toxic mold and bad living conditions.

$ 850,000

Recovered on behalf of a San Francisco tenant who suffered personal injuries and was forced to vacate his home of fifteen years after dealing with many months of environmental contamination and disruptive and nuisance construction conditions.

$ 800,000

Recovered on behalf of an Oakland tenant who suffered a serious injury due to her landlord’s negligent maintenance of her home.

$ 750,000

Recovered on behalf of a couple living in a rent-controlled home in the outer Sunset neighborhood. Our clients were forced to vacate after the landlord served them with an Owner Move-In Eviction Notice. After the landlords failed to move into the property, our clients filed suit for wrongful eviction.

$ 700,000

Recovered for a long-term tenant in San Francisco. Our client was forced to move out of his apartment as a result of extreme landlord harassment.

$ 575,000

Recovered on behalf of a San Francisco couple who were forced to give up their home of over twenty years after their landlord’s dog attacked and killed their dog.

$ 575,000

Recovered on behalf of an elderly, disabled San Francisco tenant who was forced to move out of her rent-controlled San Francisco apartment of 50 years after the landlord/owner failed to resolve numerous building code violations that remained outstanding for over a decade.

$ 560,000

Recovered on behalf of two San Francisco tenants who were wrongfully evicted via a fraudulent owner move-in eviction where the owner failed to occupy the property as their principal place of residence.

$ 550,000

Recovered on behalf of a San Francisco tenant who was forced to vacate his home as a result of ongoing, disruptive construction and the owner’s refusal to provide him with alternative housing.

$ 525,000

Recovered on behalf of a tenant living in an illegal unit who was wrongfully evicted. Our client was forced to vacate under false pretenses while her landlord undertook supposedly necessary construction and then was never allowed to return.

$ 450,000

Recovered for a San Francisco tenant who was injured when her stairway railing collapsed.

$ 450,000

Recovered in action for a group of tenants forced to vacate their San Francisco apartment due to severe habitability defects, including mold and water leaks.

$ 395,000

Recovered on behalf of two long term San Francisco tenants who were fraudulently evicted from their home of over twenty years under the pretext of an owner move-in eviction.

$ 375,000

Recovered on behalf of a San Francisco family that was constructively evicted from their home in the Richmond District as a result of unlawful rent increases, defective conditions, and tenant harassment.

$ 375,000

Recovered on behalf of an elderly long-term tenant who was forced to vacate her long San Francisco apartment as a result of her landlord’s refusal to address longstanding defective conditions, including lack of heat, mold, rodent infestations, and defective plumbing.

$ 325,000

Recovered on behalf of seven tenants living in a makeshift boarding house in East Palo Alto.

$ 300,000

Recovered on behalf of three families living in a building in San Francisco’s SOMA neighborhood who were forced to live with substandard conditions for years as a result of their landlord’s negligence, including issues with lack of heat, lack of hot water, and cockroach/rat infestations.

$ 300,000

Recovered on behalf of a San Francisco tenant in Russian Hill. The tenant was forced to vacate her illegal apartment in retaliation for reporting unlawful rent increases to the San Francisco Rent Board. Our client was forced to vacate after her landlord served our client with a series of eviction notices and told her the apartment was unsafe to live in.

$ 300,000

Recovered on behalf of three long-term tenants in San Francisco’s Castro neighborhood who were constructively evicted due to noise and nuisance conditions created by their downstairs neighbors, which the owner refused to address.

Awards & Associations

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For more information or to discuss your legal situation, call us today at (415) 649-6203 for a phone consultation or submit an inquiry below. Please note our firm can only assist tenants residing in the Bay Area.