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Does CA require the Deposit "refund" to include interest?
Anonymous4 views1 answers
My LL held $1800.00 for 2 years, then charged me for "Normal Wear & Tear".
I determined the Management Co regularly charged all Move-Out residents a "Standard Cleaning Fee" based on the type of Apartment.
I complained this violated CA Statutes via Certified Mail and was told I would get the full amount.
25 days after Move-Out I received a check for the Deposit LESS the NW&T Deductions.
I can't find Interest Statute on-line.
Thank You
California law does not require interest to be paid on security deposits. Some cities, such as Berkeley, do have a deposit interest ordinance. To my knowledge, there is no San Jose city ordinance requiring a landlord to pay interest on a security deposit. As you noted, California law does not allow deductions for normal wear and tear, and does not allow a "standard" cleaning fee to be charged on all tenancies. (Sometimes there is confusion regarding what constitutes normal wear and tear. If it's something that can be remedied by cleaning, it's not wear and tear. The tenant needs to leave the unit as clean as it was when the tenancy started.) Depending on how much money is involved, it might be worth your trouble to take the LL to small claims and ask for bad faith damages (up to twice the amount of the deposit--Civil Code section 1950.5).
DISCLAIMER
I am licensed to practice law in California. This information is not applicable to states other than California. This response is intended as general education, not legal advice to be relied upon. I do not know the specific facts of your situation; under certain facts this information may be inapplicable. This communication does not create an attorney/ client relationship. The questioner is urged to seek a personal consultation with an attorney.
