Handling Security Deposit Deductions
By DANIEL BORNSTEIN, ESQ.
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When a tenant is on the way out, one of the first things on their mind, even before they think about how to fit their sofa through the door, is how they will get their security deposit back. This is a contentious issue that is the #1 reason why landlords get mired in Small Claims Court.
To avoid the many hours in court haggling over back rent, cleaning costs, and defects in your rental unit, it’s important to have a sound understanding of the rules that are codified in California State law, primarily Civil Code 1950.5.
In previous posts, we stressed that deadlines are unforgiving, documentation is specialized, and procedures must be followed by the letter. Once you’ve dotted all of the I’s and crossed all of the T’s, have conducted an inspection and meticulously documented the condition of the property, what deductions can be made?
To repair damages to the premises, not including ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant.
To clean the premises to return it to the same level of cleanliness it was in when the tenant moved in
To restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the lease authorizes this use of the security deposit.
Unpaid rent
Probably the most often asked question we field at Bornstein Law is, “what is normal wear and tear?”. We’ll paraphrase one Supreme Court Justice who said on obscenity, “I can’t define it. But I know it when I see it”.
We’ve put together a handy “cheat sheet” for security deposit deductions that went viral on LinkedIn. To get your copy, download the PDF here.
