Legal Question in Landlord & Tenant Law in California
Landlord Witholding a Security Deposit
Hi there,
I recently moved out of an apartment that I lived in for over two years. The lease that I signed said that I was responsible for paying all utilities, including electricity. However, when I moved in, the electricity was already on. Because of that, I did not call to put the electricity in my name. I figured that I would wait until I received a notice from the Electric Company. As it turns out, my landlord forgot to take the bill out of her own name and, as an oversight, was dutifully paying the bill the entire time I lived there. Now, my landlord is withholding my deposit in an attempt to recoup the funds for the electricity that I used. My understanding is that a deposit can only be withheld for damages or unpaid rent. Is this legal? If I were to take her to small claims court, would I have a shot at winning?
3 Answers from Attorneys
Re: Landlord Witholding a Security Deposit
I am in between my two colleagues here. I do feel a judge would feel this is part of the rent, and, therefore, you would not win at small claims.
But, you are correct about deposit only to be used for unpaid rent, damages, or cleaning.
Re: Landlord Witholding a Security Deposit
There are two ways the landlord could prevail. One would be if the terms of the lease allow the landlord to characterize the electricity bill payments she paid as rent. The second way would be if she brought a cross complaint against you for the electricity bills she paid for you on an unjust enrichment damage theory; or , in the alternative, if she sought a set off against the security deposit retained for the electricity bills she paid on your behalf. I don't think you have much of a shot.
Re: Landlord Witholding a Security Deposit
A landlord could withhold the security deposit for failure to pay rent. It is possible that a judge would consider the utility bills to be part of the rent It may depend on the precise terms of the rental agreement or lease.
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