Legal Question in Real Estate Law in California

Re: Deposit

I would refuse to pay, and if they take her to court just show the judge the photos or videos she took when she vacated the apt.

Re: Deposit

It is neither necessarily illegal or necessarily legal. Deductions for cleaning and repairs are frequently litigated. The issue is usually whether the "damage" being cleaned or repaired is, or is not, "normal wear and tear." That's what rental agreements and leases usually allow; anything above that, the tenant is liable for it and the security deposit can be tapped, and if it isn't big enough, the landlord can sue for any deficiency and may win.

I don't find $35 an hour excessive if the painter is a licensed professional.

So, I think the answer is that it all depends upon the facts, and to some extent the language of this particular lease. Looking at it as a question of "illegal" versuns "legal" is not the right approach - the issue is whether the contract allows the charge or not, and that depends upon the language of the contract and the situation-specific facts. Then, maybe, "liable" or "not liable" for the cleaning and painting costs will be an issue.

Re: Deposit

The state of California publishes a Landlord/Tenant handbook. You can find this by going to the official California State website and searching for this book. It will provide information on the issue of reasonable wear and tear as opposed to damage.