California State Laws for Getting Apartment Deposits Back
In California, landlords are limited to amounts they may charge as initial security deposits, the types of items they can deduct and the time limitations to return the deposits after the tenant moves out. Landlords who retaliate against tenants by withholding their security deposits because of the tenant's exercise of their legal housing rights are liable for civil damages.
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21 Day Rule
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California landlords must return their tenants' security deposits within 21 days of vacancy. If the landlord is deducting fees from the security deposit, then the landlord has 21 days to return the remaining amount, an itemization of all deductions and invoices, if required.
Legal Rights
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Tenants can sue their landlords in a small claims court if the tenant's claimed damages doesn't exceed $7,500 (as of January 2011). Tenants who seek more than $7,500 in damages must file their case in superior court and may need to obtain an attorney to pursue the tenant's return of security deposit case. Tenants who can prove the landlord acted with malice or in bad faith can seek "bad faith penalties" equal to double the amount of the security deposit in addition to the actual security deposit return. Tenants who can prove the landlord kept the security deposit to retaliate against them for exercising their legal housing rights can prove landlords acted in bad faith. Additionally, tenants who can prove the landlord illegally retained the security deposit for a tenant exercising the deduct and repair remedy can shift the burden to the landlord to prove the landlord wasn't acting maliciously.
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Refundable Security Deposit Requirements
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Landlords cannot impose nonrefundable security deposit rules for its rentals. California landlords have a legal obligation to return remaining portions of security deposits once the tenant vacates the landlord's rental unit. Landlords are legally allowed to charge application screening fees without returning the fees as a separate fee in addition to the refundable security deposit.
Proper Security Deposit Deductions
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Landlords can only deduct certain items from a tenant's security deposit. Under California law, landlords can use the security deposits for the costs of damages beyond normal use, replacing furniture, cleaning fees for excess cleaning requirements and unpaid rental expenses. Landlords may not use the security deposit for any other purposes. To properly deduct for repair fees, landlords must have performed an initial walk-through inspection with their tenants to account for existing damages and to inventory the property. Tenants may provide written waivers allowing the landlord or the landlord's agent to conduct the walk-through without the tenant, but the landlord must still conduct the initial inspection.
Rights to Invoices
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California law requires landlords to provide tenants with receipts and invoices for repairs if the landlord deducts more than $126 for the service from the security deposit (as of January 2011). Landlords can also make good faith estimates of the repair or cleaning charges if the service cannot be completed within 21 days or the landlord can't obtain the invoice within the allowable 21 day period. However, the landlord must provide the itemized good faith estimates with contact information of the repair or cleaning company hired to perform the work. The landlord does not have to provide the tenant with an invoice for repair costs or cleaning services that cost less than $126. Tenants can waive their rights to receive the invoices through written waiver with the landlord.
Considerations
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Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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