Legal Question in Landlord & Tenant Law in California

I just moved out of a rental. My landlord said he had to make some above normal wear-and-tear repairs which I didn't dispute. What I do question though is that he itemized a charge of $300 taken from my security deposit because he had to take time off from work to do the repairs. Can he do that? Thanks.


Asked on 11/16/11, 1:35 pm

3 Answers from Attorneys

Yup, if that is his actual cost.

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Answered on 11/16/11, 1:38 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Taking time off from work to do repairs is not a proper deduction from a security deposit. Civil Code section 1950.5 states that security deposits may only be used to (1) compensate the LL for defaults in rent, (2) repair damages not including wear and tear, and (3) cleaning. Loss of time or loss of earnings is not listed in statute as a proper deduction from a security deposit.

If the $300 refers to the cost of the repairs made over and above ordinary wear and tear, then that's legitimate. But in no instance can the LL compensate himself for time.

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Answered on 11/16/11, 1:52 pm
George Shers Law Offices of Georges H. Shers

The measure of recoverable damages is the cost of doing the work on the unit, not what wages he failed to earn at his normal job. My limited experience has been that some judges will not allow the landlord to charge for his own time and only allow recovery for his out of pocket expenses; other judges require some proof as to what the labor should have cost, by requiring an estimate from some one who does that type of work for a living.

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Answered on 11/16/11, 3:25 pm


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