Legal Question in Landlord & Tenant Law in California

deposit plus more money

If the lease to an apartment is not done for the time specified, can the landlord keep the deposit plus add additional charges for repairs not caused by our stay?


Asked on 10/16/07, 2:41 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: deposit plus more money

I don't really understand your question, and would appreciate clearer facts.

I think what you want to know is whether a lease ends up being broken, by either tenant or landlord, can the landlord add extra money for bills, as well as keep the deposit. If this isn't correct, please let me know by e-mailing my office.

Under California law, a landlord must return the deposit within 21 days, and can only deduct from it for 3 reasons: (1) unpaid rent; (2) damages caused by tenant(s) or tenant's guests that are beyond ordinary wear and tear; and (3) cleaning, but only if tenant left premises dirtier than when tenant moved in.

All charges must be itemized in writing, and, if landlord himself makes repairs, or does cleaning, the charges must be reasonable for that area.

Furthermore, if landlord fails to return the money within 21 days, or have proper deductions, a judge is permitted to charge landlord a penalty of $600 for "bad faith", and that $600 goes to tenant.

If you feel money is due you, and need more help, e-mail my office (or call) and I'll try to help you.

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Answered on 10/16/07, 4:10 pm


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