Legal Question in Landlord & Tenant Law in California

rental deposits...can it be withheld because of properity damage?

My brother and I gave our LandLord a $500 deposit when we moved in. One day when my brother's girlfriend came to visit she damaged the landlord's garage door by bumping it with her car. Our landlord then took the deposit money to pay for the repair of the door. I'm upset and feel this is unfair. Is this legal? Should I go to small claims court?


Asked on 4/05/06, 9:45 pm

1 Answer from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: rental deposits...can it be withheld because of properity damage?

That's what the security deposit is for. It's unfortunate, but you and your brother will most likely have to replenish the deposit, as well as pay for damages that exceed the $500.00. Good luck.

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Answered on 4/05/06, 9:49 pm


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