Legal Question in Landlord & Tenant Law in California

Re: homeowner's rights

I am assuming you have a written contract with the management company. If so, you need to look at the provision governing returning deposits. If not, you may need to threaten a lawsuit against them, or actually file one.

You could also sue the tenants, but if they are the irresponsible type of people they appear to be, you would be wasting court costs trying to get "blood out of a turnip".

The law says that a security deposit must be returned within 21 days, along with an explanation of money deducted from it. There are three areas of deduction:

(1) unpaid rent

(2) cover any damage done by tenants (or their "guests") that is not due to ordinary wear and tear

(3) cleaning, but only to the extent tenant leaves the unit dirtier than when they moved in.

Frequently, a strongly worded letter from an attorney produces positive results will save the time and expense of a lawsuit. Also, again depending on your contract, you probably should replace the management company, since they are supposed to be working for you, and not arguing with you.

Please feel free to e-mail, or call, if there are additional points or areas that you would prefer to clarify.

Good luck!