Return of security deposit (liable or not)?

Posted by admin on August 15th, 2011

Hi all!

I rented a home for 1 ½ years on a month to month lease (in California). Good tenant/landlord relationship and gave proper 30 day notice. We paid the last months rent (April 15th payment) prior to us knowing we were moving and were vacated from the home 7 days earlier than the 30 days, which the landlord encouraged so that she could “rent” it as soon as possible. however, they put it on the market and are selling it.

Yesterday I received my portion of the deposit back (30 days from the day I handed them the keys and we did the inspection; 9 days longer than the legal time frame). Out of $1200 dollars, I was given $355 dollars with a “repair” notice. I noticed that there were some things I was charged for that I am not sure I should be help responsible to pay.

During our walk through inspection, I told her about the light fixture that fell when the windows were open and the wind knocked it out. I knew I should pay for that. She understood that and also noted that there were some minor scratches from the sofa and sofa chair in the living room. I knew that it would need to have some paint before the new tenants were to move in due to those “normal wear and tear” marks and also nail holes from picture frames. Also during inspection, she said that there was a need to repair the linoleum in the kids’ bathroom due to a leak I did know we had. I was asked if the master bathroom drains were still having issues and commented that they still drained very slowly even after they called the plumber to fix it. I also noted I was not able to clean the stove or the wipe out the cupboards. I shampooed and cleaned everything else in the home VERY WELL. Everything went well and the key was handed over.

I was provided only an invoice with vendor name, vague description of charge and also amount. Here is what I was changed:

• Bathroom floor repair
• Bathroom floor repair AND shower repair (LABOR)
• Bathroom floor and shower repair (PARTS)
• Paint and primer for living room and dining room repair (PARTS)
• Patching, painting living room and dining room (LABOR)
• Cleaning oven, cupboards, dishwasher (LABOR)
• Light housing cover

I would have loved to know that they were selling the house.I could have also offered to do the work/repair/paint for them, since there was not real rush to help them get it ready to rent ASAP (and to avoid feeling bad for them not having an income from the rental).

I would be ok with paying part of the paint total but I am not sure if I am liable for the full repair of the flooring/shower. I am not trying to get out of paying but I would like to know my legal financial obligation is.

Thanks

This would be covered in the rental agreement (lease) you signed. Read it thouroughly to determine your rights, but most likely you are responsible.

Unfortunately there are no clear definitions on how security deposits are handled. It is entirely up to the landlord how much or if any money is returned. I have rented many times in the past myself and have learned that as a renter, we are completely at the mercy of the landlord. you appear to be thorough and competent just by how well you write and the details you included. But I'm afraid you have no power to contest this matter with out money (attorney) and dated photo documentation. I tell ya what tho, if I had a rental, I would have no problem renting to you.

You were either month to month or you were on a lease - it's two different things.

Yes, you are liable for these charges. But, if the landlord did not notify you that the refund was going to be late, then he is not entitled to remove ANY cleaning or repair charges from your security deposit. http://www.dca.ca.gov/publications/landl… page 62

I think the $900 they charged for repairs is too high. I would take them to small claims court and mention the fact that they withheld the security deposit longer than the 21 days required by California law. If possible you should sue for double the amount and give it a try. since he did give you written itemized letter with repairs within 30 days that part is OK.