Legal Question in Landlord & Tenant Law in California

I am a landlord who rented an apartment to two tenants and both were on the lease. Unhappy with there deposit refund after vacating one of the tenants decides to sue in small claims court. Can one sue the landlord if both are on the lease?


Asked on 8/31/15, 7:24 pm

1 Answer from Attorneys

Nicholas Spirtos Law Offices of Nicholas B. Spirtos

Yes. Either or both can sue you. A landlord is only entitled to deduct certain things from a security deposit. If there are any deductions, the landlord must provide an itemized list of the deductions with any invoices, receipts, etc. to support the deductions, plus a refund of any unused amounts. The refund and/or the list must be provided within 21 days of the date the tenant moved out. Failure to do so within that time frame means the landlord must refund the entire deposit without any deductions.

In some cases, the landlord can be subject to an additional penalty.

There is a helpful guide explaining landlords and tenants rights and obligations, including what can be deducted from a deposit, at the department of consumer affairs website.

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Answered on 9/01/15, 8:00 am


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