How to handle rent security deposits

What are rent security deposits?

Rent security deposits are a sum of money held in trust as initial payment to the landlord to insure the landlord against potential default by the tenant or against lease violations. The funds will be held for the duration of the lease. At the end of the lease, the landlord can keep the money to cover extraordinary damage to the property, or they must give the money back if such damage does not exist.

How much can a landlord charge as a rent security deposit?

California Civil Code §1950.5 is what regulates security deposits for tenants. The security deposit cannot exceed two month’s rent if the apartment is unfurnished. If the unit is furnished, the deposit can be as high as three month’s rent.

Is a rent security deposit ever “non-refundable?”

The civil code prohibits any lease or rental agreement from portraying a security deposit as non-refundable, as there is no such thing.

What costs can be deducted from a rent security deposit?

Landlords may use a tenant’s security deposit for repairs necessary restore the unit to its condition at the beginning of the rental period. This cannot cover normal wear and tear, just damage the tenant or guests would have caused.

To avoid exploitation, tenants should take pictures of the unit and detail any issues they find at the start of the lease.

Examples of damage tenants might be liable for would be:

-        Cigarette burns.

-        Broken tiles.

-        Large markings or holes in the wall.

-        Broken appliances.

-        Clogged toilet.

-        Rips in carpet or urine states from pets.

-        Door off its hinges.

How to handle disputes regarding rent security deposits?

If the landlord doesn’t return the entire security deposit within 21 days or the tenant disagrees with the deductions, they can write a letter to the landlord asking for the entire deposit. The tenant should maintain a copy of the letter as proof of its writing.

If the landlord and tenant cannot agree on the dispute, the tenant should seek legal help and could even sue in court for the deposit and twice that amount in damages.

These disputes are difficult and experienced attorneys are of the utmost import. You should seek help from tenants’ rights attorneys such as the ones here at Tenants Law Firm. Contact us by calling (310) 432-3200 or by using this form.