Legal Question in Landlord & Tenant Law in California

It is 22 days and my landlord has not returned my security deposit. When I moved into the apartment the owner installed new bamboo hardwood floors, and now claims there are a few scratches and chips on the floor. I lived in the apartment for two years and cleaned the floors upon leaving. The condition of the floors were not beyond normal wear and tear. I saw the apartment a week later after I vacated on December 14 and the apartment was painted to a new color and a portable fireplace was sitting in the middle of the living room. I spoke to the Landlord on January 4 and she said the only way to resolve the scratches on the floor is to replace the floors. However, the landlords parents have been living in the apartment for several weeks and will not vacate for another 10 days, according to the Sonia, who is the owner. My concern is that the landlord will replace the floors with new floors after her parents leave and deduct the expenses from my security deposit. What can I do?


Asked on 1/05/10, 7:37 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If it has been at leat 22 days since you gave up full possession of the unit [moved all of your things out, gave her the keys], your concerns do not really matter. She must notify you in writing within 21 days of your giving up possession of what sums are being held back for what reasons and return the balance to you. Failure to do so results in her waiving the right to make any claims for deductions.

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Answered on 1/10/10, 8:29 pm


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