Legal Question in Real Estate Law in California

Re: Security Deposit

� 1950.5 does not state that a landlord cannot retain a security deposit for carpet cleaning and painting. In fact, in paragraph (b), sub-paragraphs (2) & (3), it specifically provides that a security deposit may be used to repair damage (damage to the paint is considered "damage"), and for cleaning the premises, which includes cleaning carpets. The issue is one of fact. Was their damage to the paint that exceeds normal wear & tear? Was the carpet not as clean as when you moved in, adding normal wear & tear? You probably have a good case for retention of the security deposit in violation of � 1950.5, however, its a question of fact. Can you prove what the place looked like when you moved in, and when you moved out? Does the landlord have pictures of the apartment when you moved in and moved out? If neither of you have pictures, then the judge will have to decide which of you he believes. In doing so, he's going to look at issues like how long did you live there. Its not common to have to repaint after 1 year, but carpet cleaning, if not done by you prior to moving out, is very likely something a judge might find in favor of the landlord. Realistically, due to the amount involved, this is going to be a small claims matter, and as such, there is no harm in your pursuing a small claims case against the landlord for retention of the deposit. Don't, however, try to convince the judge that the law prohibits him from keeping the deposit, focus rather on the fact that you left the place essentially as it was when you moved in. Try to find pictures.

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