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How To Get Security Deposit Back When I Move Out Of My California Apartment

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  • 01-15-2008, 08:54 AM
    jamba
    How To Get Security Deposit Back When I Move Out Of My California Apartment
    I live in the greater Sacramento area and I have been living in the same apartment for just over 4 years. When I moved in the place was peaceful, quiet and there weren’t very many problems. Recently management has changed and things went downhill fast. They never asked me to sign a new contract so I think I am still under my existing one. However as a result of their mismanagement I have decided on moving sometime soon. I have been reading over my contract to see what my rights are; and while most of it is self explanatory, I would like to know if I can get all of my deposit back? I have two cats, there is minimal damage in one corner of the apartment’s carpet, and it will need to be replaced. However, in my contract it says that normal wear and tear is covered, and that after 4 years I can have new carpet and paint. I haven’t asked for new carpet or paint yet, and I don’t plan on it unless I stay. So based on this can I get all of my deposit back?
  • 01-17-2008, 12:04 PM
    LawResearcherMissy
    Re: How To Get Security Deposit Back When I Move Out Of My California Apartment
    In California, as long as you give 30 days notice of your intent to move, your landlord can only deduct the costs of returning the apartment to the same condition it was in when you moved in.

    Quote:

    Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. The list must itemize each amount, time spent, hourly rate, the name and contact information of the person who did the work, and what was done, and be accompanied by receipts.
  • 01-17-2008, 05:44 PM
    jamba
    Re: How To Get Security Deposit Back When I Move Out Of My California Apartment
    Thank you for that, it at least answers the question of the walls, they are a little fadded. But that still doesn't answer the carpet question. My Contract states i get new Carpet after 4 years. I have been there for just over 4 years. Can i just say that since you were going to do it anyways you can't charge me?
  • 01-17-2008, 05:48 PM
    LawResearcherMissy
    Re: How To Get Security Deposit Back When I Move Out Of My California Apartment
    You can say it, but you might not be able to get it to stick.

    The law gives your landlord the right to charge for damages beyond the usual wear and tear. You might consider discussing this with your landlord to see if you can negotiate an agreement.
  • 01-22-2008, 02:17 PM
    jamba
    Re: How To Get Security Deposit Back When I Move Out Of My California Apartment
    Thank You!
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