Legal Question in Real Estate Law in California

Refund od security deposit

I am from santa clara, CA. My landlord didn't return my security deposit within 21 days. I gave her a letter requesting my deposit after 23 days. She sent me a check deducting $225 from the deposit, $74 for carpet replacement and $150 for cleaning. But at my move-out inspection, we both agreed that carpet needs shampoo and everything else is pretty clean. They charged me for cleaning which is not listed in the move-out inspection form. If they decided to replace the carpet instead of cleaning it, would I be responsible for the charges? Can they charge me for the ones which are not listed in the move-out inspection list?


Asked on 10/11/02, 3:14 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Refund od security deposit

State law requires that a landlord give an accounting within 21 days, and if not done, then they cannot withold any money. However, they need only send to the "last known" address, and if you did not give a new address, they can comply by sending to the vacated unit. Also, they need only put it in the mail within 21 days, so it is not clear here exactly what happened, whether you received it only after requesting it or what. If the landlord had your new address and failed to put an accounting in the mail to you within 21 days, then you can seek to recoup all the deposit and go to small claims court if they do not pay. That said, they were within their rights to charge you with carpet repair or shampoo if it was needed. Also, they can charge for cleaning and they do not need to even give you a "checklist" on moving out, even though it is good practice to do so. Lastly, even though an apartment appears clean to the person living there, it might need sanitizing, (particularly in the bathroom, etc.) for a new tenant.

Read more
Answered on 10/14/02, 4:09 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California