Legal Question in Landlord & Tenant Law in California

You can deduct for paint and cleaning, but it is going to be fact-specific. If you can prove that she left the apartment in as-good or better condition than she received it in, less normal wear & tear (cleaning is not normal wear & tear - the apartment must be returned in as-clean, or better condition than it was rented to her), then you may prevail. I would make a demand by letter for return of the balance of the deposit. The next step, however, is one you have to give serious consideration to. Normally, I would suggest taking the landlord to small claims court for the return of the deposit. However, as she is still living in a building owned by them, you may be causing your daughter some real headaches. Yes, a landlord cannot retaliate against your daughter for sticking up for her rights, but in reality they do it all day long. Do you have the money to wage a protracted legal battle if they decide not to follow the law, and trample her rights? Does she have the stomach for it? Is she prepared to move if a Court doesn't happen to agree with her that the landlord is retaliating? Just some practical considerations to think about.

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