Legal Question in Real Estate Law in California

Re: Security Deposit

If California law says that, I'm mystified as to where that can be found. I know that some landlords have a policy of treating any repainting after two years as 'normal wear and tear' and thus not subject to deduction from the deposit, but I don't think it's a law or even a general rule applied by judges. If any other attorney knows of this rule, I'd be interested to know its source!

Also, when the landlord fails to return or account for the security deposit within 21 days, the tenant's remedy (after negotiation) is to sue in small claims. If the tenant wins, the tenant can recover whatever the judgment provides for, which may be less than the entire deposit if the judge agrees with some of the deductions, but the judgment may also allow the tenant to recover costs of filing and up to $600 additional damages if the court finds that the landlord acted in bad faith.

So, your information seems to be at least partly faulty, but on the other hand the landlord does not seem to be complying with the 21-day requirement and may be trating you unfairly as to the extent of the repairs you are asked to pay for.

If possible, go back and do a re-inspection with the landlord, have a negotiation including a demand for 21-day compliance, listen to the landlord's position, try to compromise, document everything and if you feel it's warranted file a small-claims action.

Re: Security Deposit

I don't know WHERE you got the impression that California law says that you cannot deduct for repainting after two years--you are wrong. Further, as you, yourself, conceded at the time of the inspection that it needed repainting, you are in a very poor position to dispute it now. You are correct that the landlord is supposed to give you an accounting of your security deposit within 21 days; however, if it all is attributable to repairs, cleaning, etc., they need only provide you with the itemized deductions, which may even exceed the deposit.