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In Memory of 09-11-01
Lest We Forget
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SECURITY DEPOSITS:
Security Deposits:
Landlords are bound by Civil Code
Section §1950.5, which provides that a landlord may not exceed the following
amounts for a security deposit:
- No more than 2 months rent for an unfurnished apartment;
- No more than 3 months for a furnished unit;
Whether they like it or not,
the Landlord must comply with the following provisions. If they don't then you
must force them to comply:
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Must promptly account for and refund your security deposit within 21 days
after you move out;
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Limited deductions are permitted for reasonable cleaning of the rental
unit, repair any unusual wear and tear, and any unpaid rent;
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Painting a unit is usually "NOT" a legitimate deduction, unless of course
you caused a great deal of damages to the walls and ceilings;
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The fact that the rental unit was not properly cleaned when you moved in
is not a defense if you leave it in the same condition. You must clean it.
The law doesn't allow landlords to charge a
non-refundable security deposit, and all security deposits are refundable. Sometimes crafty
landlords have tried to disguise these charges as "Rental Fees,"
"Cleaning Fees," or "Painting Fees." These types of fees are
illegal. The problem is that the law has no teeth in it. Even if you catch the
landlord red handed, they will not be criminally prosecuted.
What Can
You Do If They Don't Promptly Refund Your Money?
Your remedy is to sue the
landlord in Small Claims Court for return of the Security Deposit. However
before you file suit you should send him or her a certified letter demanding the
money, explaining why you do not agree with their deductions, and give them a
reasonable time to respond. Send it by certified mail, return receipt requested
and keep a copy for your records. If they don't respond, you must proceed to the
next step and file suit. You should include a request for what they call
"Statutory Damages, Interest and costs of suit." When you
present your case, the written evidence of the landlord's attempt to extract a "non-refundable" Security Deposit is fairly strong evidence of the
landlords bad faith. The Old Landlord Sold the Units:
Nice try but no cigar. Your Security Deposit was transferred
to the new landlord during the Escrow of the Sale. Even if the landlord
didn't receive the Security Deposit that is his problem and he has to take that
up with the seller and escrow company. It's not your problem. Refer the landlord
to Civil Code §1950.5.
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