Legal Question in Landlord & Tenant Law in California

Re: Security deposit deductions

The issue of damage vs. normal wear and tear is one that, sadly, is not black and white. Different courts have different interpretations of what falls into each category, and the length of time the tenant lived in the apartment is also a factor. Paint is one that is commonly won by the tenant unless it was very badly damaged and/or the tenant only lived their for a short period of time. Its wise to contact a local attorney who specializes in unlawful detainers - in Orange County there are a few attorneys who do a ton of UD work, and could tell you with some accuracy what the courts in your area will do with this, but they will most likely charge you for an hour or so of their time. Second issue you face is compliance with Civil Code Sec. 1950.5 - rather than reiterate the laundry list of requirements imposed on a landlord, look it up and read through all of the things you were supposed to do before deducting. Good luck.

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