Legal Question in Real Estate Law in California

security deposit for tenant

Hello, What exactly can you deduct from the security deposit? Can I deduct the cleanning of the house and carpet cleaning as they left the house in a mess. Can I deduct the repair to the sink they broke, the screens that are ripped and torn, the window covering cleaning? How about the patching of the holes from hanging stuff on the walls? please advise?


Asked on 6/09/09, 2:26 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: security deposit for tenant

Rather than reiterate the things you can and cannot do, look at California Civil Code �1950.5 to see what you may deduct for, and what you may not deduct for. That being said, the statute does not provide exact guidance on specific allowed deductions. Rather, the statute talks about damage that exceeds normal wear & tear. Cleaning (where it was not cleaned by the tenant) is a frequently deducted item. Most of what you describe is generally going to be allowed, assuming that none of this damage either existed at the time they moved in, and you can prove it. Also read the statute as there are very specific things you must do to comply in terms of accounting, timing for return and providing receipts or you risk losing the entire security deposit.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/09/09, 12:13 pm


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