Legal Question in Landlord & Tenant Law in California

Frankly, if you have moved out, it may be too late to take the steps you should have taken to protect yourself and your deposit. First, when you moved in, you should have done a walk-through inspection with the landlord in which you both acknowledge any damage to the apartment that existed when you moved in. Second, you should have taken your own pictures of the condition of the apartment on the day you moved in. Before you moved out, you have the right to request a pre-move out inspection with the landlord in which the landlord must identify any damage which exceeds normal wear & tear - in writing - for which he intends to charge you from your security deposit. You then have the opportunity - before you move out - to correct and/or repair those items so the landlord doesn't withhold from your security deposit. Finally, before you moved out, you should have documented with pictures the condition of the apartment. That way, if the landlord withholds your deposit, you have prove as to the condition when you moved in, and the condition when you moved out, and a judge can then easily tell if the landlord is entitled to deduct anything from your deposit.

Without the foregoing, it will be a "he-said, she-said" argument in court - who can best prove the condition when you moved in and when you moved out, and what damage can the landlord prove. Be prepared to file a small claims lawsuit to recover your deposit. Good luck.

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