What College Tenants Should Know About Security Deposits
Moving into an apartment as a college student can be an exciting journey that brings a sense of freedom and a taste of adulthood. However, with this new adventure comes the responsibility of understanding landlord-tenant laws and requirements. One such example is being aware of the laws regarding the security deposit, which is required when renting a property.
What is a Security Deposit?
A security deposit is a fee that the landlord requires from tenants renting out the property. The deposit is collected at the beginning of the lease and is used for damages to the property, unpaid rent, and other unpaid expenses upon the expiration of the lease. The maximum amount the landlord can charge for the security deposit is clearly stated in the California Civil Code §1950.5(c):
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For unfurnished units, this maximum amount is twice the rent, plus the first month’s rent.
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For furnished units, this amount increases to three times the rent, along with the first month’s rent.
Withholding and Returning of the Security Deposit
When signing the lease, tenants agree to leave the property in the same or better condition than the beginning of the tenancy. Other than the normal wear and tear of the property, tenants are responsible for any damages to the unit, which will be accounted for and deducted from the security deposit. For this to happen, upon moving out, the landlord will make an inspection of the property and provide the tenants with an itemized list of repairs, cleanings, and their respective costs.
To protect their rights to the return of the security deposit, tenants should thoroughly check and document the condition of the unit upon occupancy. Taking photographs of the unit is a great idea, as photographs can be used as proof of the property’s original condition. To prove the date that the photographs are taken, tenants can assemble a set of the photos and mail it to themselves. Tenants can then save the unopened envelope, as the postmark can become evidence for the date that the photos were taken on, in the case that a dispute regarding the security deposit arises.
According to the California Civil Code , the deduction and return of the remaining amount of the security deposit should transpire within 21 days from the day that the tenant vacates the property. The tenant should provide a forwarding address for the landlord to mail the check of the remaining security deposit. If the landlord wrongfully withholds the security deposit for damages that do not exceed the normal wear and tear of the apartment, the tenant can then file a claim against the landlord, which will be pursued in small claims court.
It is also important to know that according to the the California Civil Code, “No lease or rental agreement may contain a provision characterizing any security as “nonrefundable”“. Therefore, if the landlord claims that the security deposit is nonrefundable, and for that reason alone refuses to return the tenant’s security deposit at the end of the lease, the tenant can file a claim against their landlord. In the small claims court, the tenant can then sue the landlord for double the amount of the security deposit that was wrongfully withheld by the landlord, in addition to reasonable attorney fees and court costs.
We Are Here to Help You
If you or someone you know are dealing with security deposit problems or any other disputes with your landlord, the attorneys at The Tenants Law Firm are here to help you. Contact us here by filling in the online intake form and we will promptly reach out to you. You deserve to live in suitable housing conditions and demand the same respect as everyone else and the Tenants Law Firm is here to help you.