Legal Question in Real Estate Law in California
Can these items be held from a rental security deposit
We just received our security deposit back from our landlord and we were charged for the following items: 1. A fee for a small dead patch of grass and a dead shrub, which he says was caused by inadequate irregation. 2. A fee for a paint stain on the driveway which was not caused by us since the driveway is on a public street. 3. A fee for removal of a mattress that was left for the trash that was hauled away. Can he hold us responsible for these charges? And if so can we request receipts to prove his expenses? Thank you for your time!
1 Answer from Attorneys
Re: Can these items be held from a rental security deposit
Taking the items in order:
1. Was lawn maintenance your responsibility? Often it is not, sometimes it is. If it were, this is a valid deduction.
2. If the paint spot was not caused by you (or your guests) it is difficult to see how you could be responsible, regardless of ownership of the roadway.
3. Most trash haulers won't take mattresses without payment of a surcharge. You would be responsible for the extra charge to dispose of a mattress you discarded.
The Civil Code requires only an 'itemized statement' and stops short of requiring that a landlord provide receipts or other proof. If the landlord has receipts he would probably produce them in small claims court as a part of his defense, but not necessarily before, although if threatened with suit he would be wise to produce them to defuse the threat of suit.
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