Legal Question in Landlord & Tenant Law in California
tenant/landlord
If I have already vacated a property and had a move-out walk-thru with the landlord and find that new items or subjects come up that were never diccussed previously have now surpizingly taken my $2,250 security deposit...what is my course of action? Isn't that what a walk-thru is all about - to keep me (the tenant) from getting any surprize costs from the landlord?
1 Answer from Attorneys
Re: tenant/landlord
Deposits can be used for only three situations:
(1) unpaid rent;
(2) damages to the premises by you, or an invited guest, but not for ordinary wear and tear.
(3) if the unit was not as clean when you moved out as it was on the day you moved in.
Landlord must return deposit within 21 days, with a written statement, including receipts, documenting what was spent out of your deposit.
More good news: Upon failure to refund the deposit as stated above, the California Code imposes a $600 statutory fee, for "bad faith" that a judge can award directly to you. Don't spend the $600 yet, as the law is clear, but many judges won't assess the "bad faith" provision.
Course of action: file a suit in Small Claims Court; or retain an attorney to write a demand letter to this miser.
E-mail my office, or call if you need more.
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