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Security Deposits
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.
over
35
years of experience in representing tenants.
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.
How Your Security Deposit can be Applied
Procedure for Return of Your Security Deposit
Remedies if Your Landlord Refuses to Return Your Security Deposit
How Your Security Deposit can be Applied
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.
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? You should consider asking for an explanation 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, We 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?
We 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.
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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 San Francisco, Oakland & Berkeley.
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