Legal Question in Real Estate Law in California

Deposits

Heelo,

My friend is currently moving from his house which he has lived in for one year. His landlord confronted him saying that on top of not returning his deposit that she was going to charge him an additional 600. for repairs to the carpets and paint. Now i have seen the house and it is not in bad condition. I was curious as to what the laws are on theis subject and if what she is doing is really legitimate??

thanks!!

Dana Davy


Asked on 11/10/01, 3:28 am

3 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: Deposits

may not keep for ordinary wear and tear. Should have provided a checklist upon moving in for condition of premises.

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Answered on 11/10/01, 9:47 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Deposits

If "damage" to carpet is normal wear and tear, they do not have a right to keep a deposit for that. If there is damage from cigarette burns, multiple spills, or major scrapes, writing on walls, etc., they could claim it as damage.

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Answered on 11/10/01, 1:06 pm
Larry Rothman Larry Rothman & Associates

Re: Deposits

You should go to small claims court and seek return of your deposit and damages in accordance with Civil Code Section 1950.5

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Answered on 11/17/01, 8:20 pm


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