Legal Question in Real Estate Law in California
landlord tenant deposit return
I returned 75% of the deposit to the tenant, however after closer inspection a day later, found that there are places that need repairs that the tenant did NOT mention during walk through/inspection.
It would require more than 25% of the security deposit for those repairs.
Can I still ask for the repair money from the tenants, or is it too late because I already gave them the remaining 75% of the deposit?
3 Answers from Attorneys
Re: landlord tenant deposit return
Take photographs, get an estimate for the repairs, and make a written demand for payment. If the tenant does not pay, then your recourse is to go to small claims court, get a judgment, and then try to collect.
Re: landlord tenant deposit return
You both have to abide the terms and condition of the lease agreement.
It better for you to take photos as well as esimate amount for carry out repairs from the expert than sent demand in this regard upon the tenant & on his failure move to the concerned court for order.
Re: landlord tenant deposit return
Returning the deposit does not prejudice your right to seek further damages from things that were not apparent during the initial walk-through inspection. However, a small-claims judge may properly ask for some explanation as to why these things went unnoticed.
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