If you’re a landlord or tenant in California, it’s important to understand the rules for returning a security deposit. A security deposit is a sum of money paid by a tenant to a landlord to cover any damages or unpaid rent at the end of a lease. In California, there are specific laws that govern how security deposits must be handled. In this article, we’ll explore the rules for returning a security deposit in California and answer some frequently asked questions.
California Security Deposit Return Laws
Under California law, landlords must return a tenant’s security deposit within 21 days of the tenant moving out. If the landlord deducts any money from the security deposit, they must provide an itemized statement that lists the deductions and the reasons for them. The statement must also include receipts or invoices for any repairs or cleaning that were done.
If the landlord fails to return the security deposit within 21 days, the tenant may be entitled to damages of up to twice the amount of the security deposit. However, if the tenant did not provide a forwarding address in writing, the landlord has up to 30 days to return the deposit.
What Can a Landlord Deduct from a Security Deposit?
A landlord can deduct money from a security deposit for the following reasons:
- Unpaid rent
- Damage to the rental unit beyond Normal wear and tear
- Cleaning costs if the tenant left the unit excessively dirty
- Any other costs specified in the lease agreement
A landlord cannot deduct money from a security deposit for normal wear and tear, such as minor scuffs on the walls or worn carpet.
What Happens if a Tenant Disagrees with the Deductions?
If a tenant disagrees with the deductions made by the landlord, they can send a demand letter requesting the return of the full deposit. If the landlord does not respond or refuses to return the deposit, the tenant can file a lawsuit in small claims court.
Conclusion
In California, landlords must return a tenant’s security deposit within 21 days of the tenant moving out. If deductions are made, the landlord must provide an itemized statement with receipts or invoices. A landlord can deduct money for unpaid rent, damage beyond normal wear and tear, excessive cleaning costs, and other costs specified in the lease agreement. If a tenant disagrees with the deductions, they can send a demand letter or file a lawsuit in small claims court. Understanding these rules can help landlords and tenants avoid disputes and ensure a smooth transition at the end of a lease.
