Legal Question in Real Estate Law in California

Re: Security Deposit Refund

California has an established procedure regarding security deposits due to the large number of problems in people obtaining refunds.

A landlord may use the tenant's security deposit: (1) for unpaid rent; (2) for the repair of damages to the premises other than by ordinary wear and tear; (3) to clean the residence or apartment to return the space to the same level of cleanliness at the start of the tenancy; and (4) to restore or replace furnishings of personal property items in the space if provided for in the lease agreement.

(Civ. Code sec. 1950.5 subd. (b).)

A rental agreement can never state that a security deposit is nonrefundable. (Civ. Code sec. 1950.5 subd. (m).)[This was recently amended, and was formerly subdivision "l."]

Within 21 days after the tenant moves, the landlord must either: a) send a full refund of the security deposit; or b) mail or personally deliver an itemized statement that lists the amounts of and reasons for any deductions from the security deposit, along with a refund of any amount of money not deducted. (Civ. Code sec. 1950.5 subd. (g).) Any itemized statement must also include copies of documents that show the charges incurred.

If the landlord does not provide the statement or the refund within 21 days, the landlord forfeits the right to retain the security deposit at all from the tenant. (Granberry v. Islay Investments (1995) 9 Cal. 4th 738, 745.)

When the landlord forfeits the deposit for failing to follow this procedure, the landlord can still seek damages for unpaid rent, repairs or cleaning, but the landlord must now file an action to recover these items, and is not entitled to "hang" on to the security deposit.

Based on the amount of the deposit, you should speak with someone at a small claims advisor's office. These are paralegals who are supervised by staff attorneys employed by the various counties. Many of these facilities are familiar with these types of cases.

Good luck.

Very truly yours,

Re: Security Deposit Refund

It's hard to answer your question without more facts and without reviewing the lease agreement. You haven't described any legal grounds for your daughter to break the lease and the law does allow a landlord to keep a deposit and apply it to a toward unpaid rent.

If your daughter did not have legal cause to break the lease and the landlord lost rental income because of this breach, then perhaps she can legally keep the money. However, the landlord must also provide an itemized statement of how the deposit was use if she does not refund it. Within 21 days after moving out, California law requres the landlord to either send you a full refund of your security deposit, or mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.

If the landlord failed to give your daughter the statement, then you should be able to get the entire deposit back. Go to the website of the California Department of Consumer Affairs for more information:

http://www.dca.ca.gov/legal/landlordbook/sec-deposit.htm