Summary
Under California law, landlords can only use security deposits for unpaid rent, cleaning, repairs, or replacing damaged items beyond normal wear and tear. They must provide an itemized statement within 21 days after you move out. If you believe the deductions are unjust, write a letter to your landlord disputing the charges. If unresolved, consider small claims court or consult a tenants rights organization or lawyer.Full Conversation
California
Under California law:
- Landlords may use the security deposit for unpaid rent, cleaning, repairs, or replacing damaged items.
- Landlords must provide an itemized statement within 21 days after you move out.
- If they don't comply, you can sue for the amount of the deposit.
Is there a court you're affiliated with?
Why am I responsible for repairs they would’ve had to do anyway.
In California, tenants are responsible for damage beyond normal wear and tear. This can include:
- Excessive dirt or mess
- Damage to the property or appliances
- Unapproved alterations to the unit
If you believe the charges are for regular maintenance, you have the right to dispute them.
Can they take my deposit for normal wear and tear
In California, landlords cannot deduct from your security deposit for normal wear and tear. They can only charge for damages beyond that. If you believe the deductions are unjust, you have the right to dispute them.
I believe that my landlord is deducting from my security deposit and coming after me for more money on regular wear and tear.
To better understand your situation, did you receive an itemized statement within 21 days detailing the deductions from your security deposit? This is required by California law.
Yes the itemized statement was a list of all wear and tear.
In California, if you feel the deductions from your security deposit are unjust:
- Write a letter to your landlord disputing the charges.
- If not resolved, consider small claims court.
- Consult a tenant's rights organization or a lawyer.
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