Legal Question in Landlord & Tenant Law in California
security deposit
what can a landlord deduct for a security deposit at the end of a 9 month lease? I understand a landlord must provide us with an expense report, but can he legally charge us for repainting interior walls and carpet cleaning? aren't these things considered sunk costs as a leasor?
1 Answer from Attorneys
Re: security deposit
Deposits must be refunded within 21 days.
Landlord can retain deposit in only 3 instances: (1) unpaid rent; (2) damages caused by tenant or tenant's guests, beyond ordinary wear and tear; (3) cleaning, but only if premises are not as clean as when you moved in.
In addition, any expenses must be itemized with invoices. If he cleans it himself, he still must charge a reasonable hourly wage for the cleaning.
I do not know what a "sunk" cost is, but painting, or carpet cleaning for ordinary wear and tear is landlord's responsibility.
More good news: California has a $600 penalty where the judge believes the landlord held the deposit in "bad faith" and the $600 goes directly to the tenant.
I suggest you retain a lawyer for the purpose of writing a demand letter to this miser. Frequently, an attorney's letter gets better response than the tenant does by himself/herself.
E-mail, or call, my office if you need more.
Good luck!
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