Legal Question in Real Estate Law in California
Notification to keep Deposits
Daughter & husband moved from apartment after being given 30 vacate notice. They left the apartment in good condition & clean. Land lord kept 75% of deposits claiming they had to paint after just one year do to tenants smoking. Several other false claims to increase the bill to justify keeping the deposits. Landlord waited 20 days to send remaining money and written notice justifying the rest.
Does the Landlord have to notify the tenants within 14 days in writing of any deposits they intend to keep and why?
1 Answer from Attorneys
Re: Notification to keep Deposits
Unless the unit was rented as a no smoking unit, and the tenants agreed in advance, the landlord may not withhold the security deposit for repainting due to smoking. The landlord can only withhold for damage and cleaning, not normal wear and tear. In California, they could be liable for additional damages for failure to refund the security deposit.
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