Legal Question in Landlord & Tenant Law in California

Security deposits

Can the landlord deduct cleaning fees when I never even moved in?


Asked on 12/13/08, 6:31 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Security deposits

A cleaning deposit is only for the cost of repairing wear and tear in excess of normal usage, so if you never moved in the landlord must return the full amount within 21 days. But the security deposit imposed to guranatee the rent [the other is not technically a security depsoit although everyone misuses the term and word] can be used to cover the period of time you failed to give proper notice for and the landlord was not able to rent out the permises. So if it was a month to month lease, and you never moved and gave the landlord notice ten days before you were to move in, the landlord could keep 20 days of rent if not able to re-rent the unit within that time. Look at it this way: if youuo prvented him from renting the place to someone else why should the landlord lose that rental income when it was your fault that he could not get rent from someone else??

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Answered on 12/13/08, 6:42 pm


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