Legal Question in Landlord & Tenant Law in California

Security Depoist

I moved out of my apartment recently, and because of a deal we had set up with the rental property, we were not required to put a security deposit on the agreement. I received a call from the company 2 months later telling me that we had to pay for certain damages, (punctured screen door, window screen dislodged, carpet damages, etc). I am not sure how I should go about handling this, or more importantly, if I am responsible to pay for these things because I did not have a security deposit on the apartment.


Asked on 6/26/06, 4:32 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Security Depoist

It is optional for the landlord to request a security deposit and is designed to protect the landlord if you fail to pay rent cause damage beyond normal wear and tear. You are responsible for all damaged beyond normal wear and tear regarding of how big or how little of a security deposit the landlord received.

The only way the landlord can collect is to sue you in small claims. If you want to avoid a lawsuit, demand proof from the landlord and considering negotiating a settlement.

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Answered on 6/26/06, 4:46 pm
Randy Schlosser Law Office of RM Schlosser

Re: Security Depoist

You are most likely liable for repairs under the contract you signed to lease the premises, or under common law principles if no contract existed. The deposit is just an insurance policy that the owner can use to pay expenses; if the owner does not require a deposit he is not waiving his rights to obtain payment for damages done to the property.

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Answered on 6/26/06, 5:38 pm


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