Legal Question in Landlord & Tenant Law in California

Renters Rights Re: Security Deposit Returns

Hi, we moved out of our condo, and I emailed our landlord about the return of our deposit. He wrote''I normally would charge 100% for cleaning but let me take a look at the place first and see how it is. I am going to have to charge for late payments though. There was 6 rental payments that were late but I’m only going to charge for 50% of those since I did tell you 3 times I was not going to charge you for those late payments for those 3 times.'' We were never informed of late payments (except the three he mentioned which he said he wasn't going to charge us) until now. He lives far away so we drop the payments in the mail. Is this legal? Also, if we left the place cleaner than we moved in, does he have a right to charge us for hiring cleaners? THANKS!!!!!


Asked on 10/09/07, 5:22 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Renters Rights Re: Security Deposit Returns

Late payments are illegal in California, although many judges allow them if they are part of the lease, so read your lease carefully.

The deposit law is very clear. The deposit must be returned within 21 days. and landlord can charge for only 3 things:

1-Unpaid rent. not late fees.

2-damage done by you that is not ordinary wear and tear.

3-cleaning,but only if the premises are dirtier when you leave, than when you moved in.

In addition, where there is a violation of the above, a judge may assign a $600 penalty on the landlord for "bad faith" and that money goes directly to you.

I suggest you, at least, retain an attorney to write a demand letter to your landlord.

Please feel free to contact me, by-mail, or phone at my office.

Good luck!

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Answered on 10/09/07, 6:29 pm


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