Security Deposit Question

Here is the link stating current California law: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Page 53 lists the 4 reasons a Landlord can use your security deposit:
1) To cover unpaid rent
2) To clean the unit to a state that is as clean as it was when you moved in
3) To make repairs OTHER THAN normal wear and tear, caused by you or your guests
4) To repair or restore furniture, furnishings, keys, etc, IF THE LEASE PROVIDES FOR THIS

These are the ONLY 4 reasons a Landlord can keep all or part of your security deposit, per California law. Your landlord must refund your deposit in full within 21 days, or otherwise provide you with an itemized, written statement detailing why it was not refunded in full, within that time frame. Read the link for more information.

Yes, you are entitled to have it back if there are no damages to the property. Inform him that you'd like to schedule a walk-through so that you can both go over the condition of the property. Did you by chance sign any paperwork back in 2008 that would note any existing damages (scratches to hardwood flooring, frayed carpeting, etc)? These are actually great documents to have as they remind the landlord that those flaws were there BEFORE you rented and are not your responsibility. If you didn't, make sure that you do one on your next rental.

I didn't read the other answers, so I am sorry if I am repeating anyone. I deal with security deposit refunds every single day for my job. In the state of CA, you are entitled to your security deposit, plus interest. The landlord is required by law to return your refund or provide you with a list of damages/deductions within 21 days of your move out. I suggest after you clean the place upon your move out, that you take photos of everything and make sure the photos are date stamped just in case they try to claim damages that aren't true. Also, a good reference for you to read up on the laws in your state is rentlaw.com. Good luck.

Yes, you are entitled to get back whatever is not used to fix/repair the property. If the Landlord doesn't give you the entire amount back, then he also has to give you an accounting of what he spent the money on. He cannot charge for his own labor - he can only charge for actual out-of-pocket expenses. I also don't think he can charge you for paint but I'm not sure about that.

ETA: I see one poster gave you the link to CA law - you should read that. But just so you know, it doesn't matter what the contract says. State law trumps a contract and you cannot be bound by terms of a contract that are contrary to the law.

Actually, he owes you the security deposit PLUS INTEREST. We only had one landlord ever do that for us, he assured us it's required by law but most landlords know that the renters don't know that, so they short them the interest earned while their security deposit sat in the bank (as it should).

In PA, they have 30 days after the end of the lease to return the deposit, minus any charges, with a list of those charges. You can always take him to small claims court to sue for your deposit. We had to do that once and won. So, check your state laws about the statute of limitations, too.

It all depends on your contract and if you followed it to the tee.

Your landlord may have reasons to not refund the security such as"

wear/tear
normal repairs and updates
if someone ever paid late
pet damage

A host of reasons. Ask your landlord specifically why he/she believes you are not qualified to get your security deposit back. Communicate with them, don't go in with attitude...be respectful and see where it can get you.

What does your contract say? Did you give enough notice?
Security deposits aren't always for damages - they can be used for wear and tear. After four years, the house might need carpet or repainting, or general updates and refinishing.

Yes, you are entitled to your deposit AND by law that is supposed to be paid to you within 21 days after you move. Also, he cannot for normal wear and tear. ONLY for items that you have damaged. Not sure where you live, but you should go online and check out the law in your area. it is splled out clearly for us in California.

Yes, you should get it back within 21 days of your move out, but the LL can deduct for damages beyond normal wear and tear. Your LL also may deduct for some cleaning if necessary. For more details, check out the California Department of Consumer Affairs website. They have a great section on security deposits. If you want to get technical, you also can google and find the law, California Civil Code section 1950.5.

I believe your landlord has 3 weeks to give you your deposit back...and he must give you an itemized list of anything he deducted from it if he does not return the full amount.

Hi L. C,

Yes, you are entitled to your deposit. I would make sure the place is cleaned and the carpets also and putty any holes from pictures so it is ready for paint. You do not need to paint. Take pictures also.

Good luck,

N. Marie

It seems to me that this should be outlined in the contract you signed with the landlord prior to moving in. I would check that. Not sure about other legal aspects, but I would think that a security deposit should be refundable unless there are conditions you haven't met.