Legal Question in Real Estate Law in California

Your deposit [I presume security deposit] can only be used to reimburse the landlord for rental payments not made or damage you cause to the property. I do not understand why the landlord would repair property that is not his.

I think I understand why.

Suppose you, the tenant, accidentally clipped the neighbor's gate while driving on a driveway that was close to the neighbor's gate or fence. The neighbor knows the next-door property people are responsible, but isn't sure if it was the tenant or the owner. He can initiate legal action against either, and may be able to win and collect from the landlord/owner, but in any case you are ultimately liable. The deduction would be proper assuming it ultimately goes to either actual repair of the gate or compensation to the neighbor.

I disagree. Civil Code section 1950.5, subdivisions (b) and (e) specifically limit what a security deposit may be used for. They landlord may use a tenant's security deposit:

- for unpaid rent;

- for cleaning thr rental unit when the tenant moves out;

- for repair of damages to the premises, other than normal wear and tear, cauesd by the tenant or the tenant's guests

- if the lease allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property other than normal wear and tear.

That list does not include damage to other people's property that the landlord may or may not be liable for.