Legal Question in Landlord & Tenant Law in California

deductions of security deposit

We moved out of our 2 bedroom townhouse after a 1.5

year lease. We had it cleaned and also steam cleaned

the carpet. We left some holes in the walls where we

had hung pictures etc. The agent sent us a letter

claiming we had drilled holes into the ceiling making

the ceiling heating inoperable. That is a straigt lie as

we did not drill into the ceiling, in fact the ceiling heating

worked when we tested it. Further he wants to deduce

money because the carpet has staines and holes in

the walls have to be filled. We are concerned how we

can prove that we did not damage the heating, we have

taken picture from the carpet but not from the ceiling...

We get the feeling the agents wants to rip us off as he

works for a big agency which has all the legal support

we don't have.

Thank you very much for you help and attention.


Asked on 11/03/03, 3:10 pm

1 Answer from Attorneys
Martin Snitow

Re: deductions of security deposit

The landlord should have notified you of your right to request an initial inspection before you moved out. You had the right to be present and to get a list of problems so you could correct them before you moved out. If the problem was hidden (your couch hid a hole in the wall, for example) the landlord could still charge for that even if it wasn't noted on the initial inspection.

If the landlord charges you for repairs, ask to see the receipts showing the work done and what was paid. If the landlord has his own employees do the work, he can prepare his own invoice; but it must show the work done and the prices charged.

If the landlord retains money from the security deposit in violation of the legal requirements, the tenant can sue for twice the amount of the security in addition to actual damages. See Civil Code �1950.5.

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Answered on 11/03/03, 5:30 pm


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