Legal Question in Landlord & Tenant Law in California

Landlord will not return $500 security deposit

We asked our former landlord to fix the garbage disposal. They installed a new one and deducted this from our deposit. They said the kitchen faucet was leaking, they deducted a whole new faucet. The bathroom sink had hard water stains, they deducted a whole new sink. We asked permission to use some flooring in a package in the garage to put under the stairwell, on top of loose carpet, to keep a rat out. They agreed. The flooring, which had no value, was deducted. All this was after telling us in writing what wonderful tenants we were and how clean the property was left. We sent certified letters, which they refused to sign. If we go to Small Claims Court, we would still have to collect this and know this is next to impossible. We feel violated and shafted. Can you help us?


Asked on 7/28/03, 5:16 pm

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Landlord will not return $500 security deposit

Check your lease or rental agreement carefully. Normally, it is the landlord's responsibility to repair major appliances, plumbing and fixtures unless either you caused the damage through neglect, or the lease provides that you must pay for such repairs. If the deduction is unlawful, California law provides that you can sue for return of your deposit, interest and perhaps penalties. Don't be so negative about small claims court. It is your only practical recourse.

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Answered on 7/28/03, 5:22 pm


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