Concern that Landlord Won't Return the Security Deposit

[rvrmom]

I am turning over the keys to my lanlord today.

I am really nervous about my security deposit being returned.

I have three specific questions, I live in California

1. Do I have a legal right to a walk through to make repairs so he can not deduct from my deposit. We did a "casual" walk through and he noted on a scratch piece of paper that there are no major damages. I asked him if the condition of the unit is the same as when I moved in and he said no. I then said well that's why I want to do a thorough walk through and he wouldn't.

2. Is he in violation of Civil Code 1950? He took $5400 security deposit. My rent was $1800, so he took 3 months. Cal. law states he can only take 2 months rent for deposit. Am I entitled to any monies for penalties?

3. He claims I had a pet living there. From what I understand, if he finds a pet living there and fails to enforce the no pet provision within the first three months of finding a pet, the provision is null and void? Is that true and what pet law is that?

Thank you so much for any input or advice!

[Mr. Knowitall]

1. Do I have a legal right to a walk through to make repairs so he can not deduct from my deposit.

Once you vacate the premises the landlord doesn't have to give you either access or opportunity to perform repairs.

2. Is he in violation of Civil Code 1950? He took $5400 security deposit. My rent was $1800, so he took 3 months. Cal. law states he can only take 2 months rent for deposit. Am I entitled to any monies for penalties?

If the apartment was furnished he can demand a deposit of three months rent. For an unfurnished apartment, the landlord can charge a deposit of two months rent plus charge the first month's rent up front - rent would not be considered part of the security deposit.

3. He claims I had a pet living there. From what I understand, if he finds a pet living there and fails to enforce the no pet provision within the first three months of finding a pet, the provision is null and void? Is that true and what pet law is that?

If the landlord doesn't know of the pet, no amount of time would make it permissible to keep a pet. If the landlord knows of the pet and gives tacit consent to its remaining in the apartment, then you can argue that the practice modified the lease. If you had a pet and your pet caused defects in the apartment, you should expect to be held liable for that damage.