I rent from a low in-income apartments. We recently had a yearly cleaning inspection and everything that was inspected came back with positive remarks and we passed our inspection with flying colors. Now we are planning to move out. we really feel that we should get everything back but our neighbors and past tenants state that management is scrupulous and keeps half if not most of the deposit. I spackled a small hole the size of a half-dollar, and we have a really nice expensive carpet shampooer we bought. since we moved we shampooed the carpet once every couple months. there is a small crack on one linoleum square near the entry to bathroom. if we clean really hard, even though we just passed inspection and clean our own carpets can we get all the deposite back?
can I also be charged for light bulbs that burnt out?
California Civil Code Section 1950.5 governs security deposits in the state of California, but if your rental unit is under rent control in your area, you may also have additional protections. All Security Deposits are refundable pursuant to California law. A walk through checklist should have been filled out when you moved into the unit that reflected the condition of the unit at that time. When you give your 30 day written notice, you should request another walk-through. Regardless of whether a walk-through is or is not provided, you should take detailed photos of the rental at move-out.
California Civil Code Section 1950.5 only permits a landlord to use a tenant's security deposit to pay for the costs of: (1) unpaid rent; (2) cleaning the rental unit after you vacate (but only to what it was before you moved in); (3) repairing damage caused by the tenant that goes beyond normal wear and tear; and (4) if provided in the lease, replacing keys, laundry cards, garage openers, etc.
If you return the rental in substantially the same condition in which it was rented (less reasonable wear and tear), the landlord must return the entire security deposit. A landlord cannot deduct for painting, or steam cleaning, or replacing the carpets, unless there was serious damage. The landlord is allowed to deduct the cost of cleaning if necessary, but only if necessary to put the rental unit back to the same level of cleanliness it was in at the time the property was leased.
California Civil Code Section 1950.5(g)(2) requires all California landlords to return a tenant's security deposit within 21 days of move-out either in full, or partially. If any deductions are taken from the tenant's security deposit, the partial refund check must be accompanied by: (1) a written itemized statement that lists the amounts deducted from the security deposit and the reasons for the deductions, and (2) if the deduction exceeds $126, copies of receipts for the charges incurred to repair or clean the unit. Make sure you provide your landlord with your new address. If you did not provide your landlord with your new address in your written notice of intent to vacate, write down your new address on any move-out inspection checklist, or email your new address to the landland shortly thereafter.
If the security deposit is not returned within 21 days, if you disagree with the amounts deducted, or if you did not receive an itemization accompanied by receipts, you should send a letter to the landlord via certified mail return receipt requested. If the landlord does not respond within a reasonable time (7 to 10 days), you can then file a claim in Small Claims Court for the actual security deposit withheld and statutory damages of two times that amount pursuant to California Civil Code 1950(i).
I agree with Attorney Boyes. Also note the following:
Under California Civil Code section 1950.5, within 21 calendar days after a tenant moves out, the landlord must either send a full refund of the security deposit, or mail or personally deliver to the tenant an itemized statement that lists the amounts of any deductions from the security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.
A tenant who does not receive a return of the security deposit from the landlord will often need to sue the landlord in small claims court to get the security deposit back. However, the risk is that the landlord will likely countersue the tenant for damages above and beyond what the security deposit covered.
According to the California Supreme Court decision in the case of Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745, after the 21 days have transpired, the landlord loses the right to keep any of the security deposit and must return the entire deposit to the tenant.
Also, if the tenant proves to the court that the landlord acted in "bad faith" in refusing to return your security deposit, the court can order the landlord to pay the tenant the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit as a "bad faith" penalty. (Civil Code Section 1950.5(l).)
