Legal Question in Real Estate Law in California
We are moving out of a rental after 4 years of tenancy. Our landlord will be doing the preinspection next week but is already threatening keeping the deposit for cleaning etc. Our deposit is $8000 AND a "key deposit" of $200. The problem here is we paid to have the unit rekeyed with the landlord on the day we moved in. I have the reciept of $145 paid by us to the locksmith. The landlord is ssaying that this is non refundable and will not be giving us the "key deposit" back. I am a landlord as well and was under the impression that there is no such thing in CA as a "non refundable deposit." Plus we paid for the keys so I am not sure what the deposit is for.
2 Answers from Attorneys
I'd say your deposit was $8,200, and that identifying part of it as a key deposit is not authorized by law. However, before you make a fuss over the $200, I'd suggest you find out how much of the $8,000 the landlord intends to return. Review Civil Code section 1950.5 regarding rental deposits and their refunding, in particular subsection (g) and its sub-subparts.
Security deposits cannot be nonrefundable, and leases and rental agreements cannot say that they are nonrefundable. (Civ. Code, sect. 1950.5, subd. (m).)
I also agree with Mr. Whipple. I'd review Civil Code section 1950.5, as it appears you may be headed towards a problem with this landlord. Make sure you follow the law and the procedure, and document what the landlord fails to do.
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