Legal Question in Real Estate Law in California

Illegal withholding from security deposit

I signed a lease agreeing to pay 1/2 utilities. There is one common meter w/bills in landlord's name (three upstair & me downstairs). Moved in in 10/01 and was not provided bill until 2/02 whereupon I was given bills for Dec&Jan. I told landlord the lump sum provided a financial hardship to please provide monthly bills & requested Oct/Nov & wrote letter asking to split utilities more equitably (1/3?) Landlord telephoned that letter coming & a more equitable split would be arranged. I received no more bills. I gave notice 6/1 and was not provided w/bills; moved out 7/3 & was not provided w/bills. Returned 7/18 to hang door & was given bills from 10/01-7/02 and told it would be deducted from my security deposit. I was given a deposit refund minus $508 in utilities outlined in a accounting of deductions. I do not believe this is legal according to CA CC 1940.7 & CC 1950.5 & have sent a demand letter & filed in small claims ct. Any opinion & insight would be apreciated. Landlord leaving Oct for 1yr to South America.


Asked on 8/03/02, 6:55 am

1 Answer from Attorneys
Martin Snitow

Re: Illegal withholding from security deposit

I don't see any problem with what the landlord did. Since you claimed it was a hardship to pay the utility charges, he waited and deducted them from the security deposit at the end of the tenancy.

CC 1940.7 requires disclosure of ordnance (explosives and the like) locations in the neighborhood. I don't know why you refer to this.

CC 1950.5 specifically allow the landlord to deduct from the deposit for the tenant's default in payment of rent. Your utility charges are a form of rent.

I don't believe you have any claim.

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Answered on 8/05/02, 2:22 pm


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