Legal Question in Landlord & Tenant Law in California

Landlord billing me for keys not properly turned in

WE just bought a home after renting a townhome for a year. We sent a letter to the Rental office as well as told them we would be moving on July 15, the day our lease was legally up on our contract.

When I left the apartment after the last load I did not turn the keys into the office, I just left them in the apartment.

They have since sent me a bill for $400 saying they assumed we were still in the apartment for two weeks until they finally went inside. Even though we not only made it clear to them we were leaving, but they even told us WE COULD NOT stay any longer than July 15.

By the way, they also tried to charge us $1100 plus our deposit for clean up,paint etc... even though we left it reasonably cleaned and nothing beyond normal wear and tear.


Asked on 8/14/03, 9:06 pm

1 Answer from Attorneys

Dieter Zacher Law Offices of Dieter Zacher

Re: Landlord billing me for keys not properly turned in

That's steep. Did the landlord take it out of your deposit? If not, then don't pay it. Also, the landlord can only keep your security deposit for damage caused by you. Normal wear and tear, like what you described, cannot be deducted. The security deposit can be used to (1) The repair of damages to the premises, exclusive of ordinary

wear and tear, caused by the tenant or by a guest or licensee of the tenant or(2) The cleaning of the premises upon termination of the tenancy

necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy. The amendments to this paragraph

enacted by the act adding this sentence shall apply only to tenancies for which the tenant's right to occupy begins after January 1, 2003.

Please see California Civil Code section 1950.5.

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Answered on 8/15/03, 1:36 am


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