Deductions from Security Deposit in California

[Siamsa414]

My question involves a security deposit in the State of: California

Hi there. My roommates and I have a problem with deductions from our security deposit for a lease on a California apartment that ended 5/31, and we’d really appreciate your input or advice.

We gave our 30 days’ notice to the landlord as specified in our lease, but we received no written notice of our right to an inspection and itemized statement of necessary repairs and cleaning. As such, we weren’t aware of our rights, although we tried to fulfill our responsibilities by having a member of the building staff check our apartment on the last day of our lease. At that time, we received no written statement of damages or necessary cleaning. To the contrary, the agent praised the condition of the apartment and our efforts in cleaning it. We had nothing in writing and were given to believe that we would get our full deposit back.

Yesterday, we received a partial refund of our deposit with a statement of deductions for painting and cleaning. (There was also a small deduction for our final utilities bill, which we don’t dispute.) About $515 was deducted for repainting, cleaning, and carpet shampooing. Since we hadn’t had any written notice, we were very surprised by this.

Having read CA Civil Code section 1950.5, it’s clear that our landlord failed to give written notice of our right to an initial inspection. It’s also clear that because of this, we did not have an opportunity to make any necessary repairs or cleaning because we were not notified of any damages, but told that the apartment was in great condition. The law says that the landlord can only deduct for damages after the initial inspection if the damages occurred after the inspection, if the damages couldn’t be seen because of our possessions, or because the tenant failed to make repairs to damages that were identified in the inspection. None of these conditions apply. Does this mean that the landlord is not entitled to make deductions from our security deposit?

[Mr. Knowitall]

Read this.

Technicalities aside, from what you're saying, I question whether the landlord had any business charging you at all - this sounds like routine stuff he's doing between tenants, not repair of damages.

[Bubba Jimmy]

Your landlord cannot charge you for normal wear and tear. If you were there for a year or more painting would be considered normal wear and tear. Also, the landlord cannot charge you for work performed by their employee who is already being paid a regular wage because they would have paid that employee whether you moved out or not. However, they could charge you for the actual materials used if it was truly repair work and not wear and tear.

I would point these facts out to the landlord, including the fact that no walk-thru was conducted jointly, and demand a refund or face a small claims suit. Then sue them in small claims court.

[Siamsa414]

I won! I wrote them a very formal letter that spelled out my complaints according to the CA Civil Code and the terms of their own lease contract and sent it via certified mail with return receipt to the manager, the property company, and the Department of Consumer Affairs. Today we got a check in the mail for the full disputed amount.

Thanks for the help!

[hlee]

Hi Jimmy,

In which section, can I find out about normal wear and tear?

Thank you,
Hyunju

[525601minutes]

In case Jimmy doesn't see your question

Civil Code Sections 1950.5(e).