Found an issue on this page? Let us know and we will look into it as soon as possible.
What laws did my former landlord violate by deducting from my security deposit rent/state fees I already paid ?
Anonymous2 views1 answers
My former landlord in California deducted about 50% of my security deposit for non-descript charges that are only labeled with dates. It appears these may be for the state allowed fees. However, I paid my rent + fees in full AND in advance for years. Also vacated the unit early, clean, free of damage, and turned it over 3 days before my end date. This was also a Rent Controlled property. Can you please tell me which California/Federal laws this violates?
Brad S KaneLandlord / Tenant LawyerLos Angeles, CACA licensed ·
Brad S Kane
4.9454545454545 stars
55 reviews
Rating:
9.4
Employment / Labor Attorney in Los Angeles, CA
Reveal number
tel: (323) 697-9840
Private message
Call
Message
Profile
Posted
on Apr 24
Under Civil Code 1950.5, the landlord may only make deductions from your security deposit for unpaid rent, cleaning and damages beyond normal wear and tear. The landlord is also supposed to return your security deposit within 21 days of termination of the rental agreement and provide an itemized breakdown of any deductions, including receipts for any materials or third party services plus the hours and rates for the landlord's employees used. If the landlord retains your security deposit in bad faith, you can recover treble damages.
You should strongly consider documenting the landlord's failure to timely refund your security deposit by sending the landlord a letter pointing out the fact the more than 21 days has passed since you moved out, but you have not received your security deposit or itemized breakdown of any deductions with receipts.
If the landlord fails to comply with Civil Code 1950.5, the landlord is required to refund your entire deposit. Granberry v. Islay Investments, 9 Cal.4th 738, 745 (1995). However, the landlord can still sue you for damages to the property and/or unpaid rent.
Ultimately, the landlord fails to refund your deposit, you may have to sue the landlord in small claims.
More
0
found this answer helpful
found this helpful
|
1 lawyer agrees
Undo Vote
Helpful
Undo
Unhelpful
Undo
0
comments