What Is The Law Regarding Rental Security Deposits

This week’s question comes from Maria in Fairfield who asks: “My mother rented an apartment on a month-to month basis. She gave the landlord first month, last month and two month’s security. She and the apartment manager had a dispute concerning my brother and his wife who came to stay for several days. They were noisy and upset the tenants. My mom had enough of her harassment and told the manager that she was going to move out.

She gave 30 days notice. She moved out before the thirty days and tried to schedule a walk-through to get her deposit back. The manager said that my mother could come back and clean the apartment and get her remaining items. The manager changed her position and told my mom she could not come back in to clean or get her things. She also said that she would not give my mother back her security deposit because there was a lot of damage. That’s not true.

Don’t Be Overcharged on Your Rental Deposit

Before beginning this week’s column I want to thank the many readers who sent me get well wishes via the Internet as well as through personal notes. It is very heartwarming to me to not only know that people read this column but to think that they would take the time out of their day to wish me a speedy recovery. This includes my former neighbors in Forest Hill the Vukasin family, Vlaho, Yvonne, Michael and Peter.

I continue to convalesce though now I am out of the hospital, back home with my family, and returning to work well in a wheelchair. I thank God that my injuries are not more severe because, as a trial lawyer, I have the unfortunate experience of sitting across the table from people who have suffered even worse life altering, or life ending experiences.

My own collision and injuries deepen my passion and conviction to help those who find themselves in the situation through no fault of their own.I’m learning a lot about disability access, things you don’t think about until you are confinement in a wheelchair and have to make your way about in a world designed for those who walk. You can bet that some of my upcoming columns will address issues relating to disability rights. As I learn more I will share with each of you so that we can all understand our rights and responsibilities.

Return of a tenant’s security deposit is covered by Civil Code section 1950.5. The security deposit is the property of the tenant, and sums can only be withheld for items described under 1950.5. These items include: 1) to remedy a tenant’s unpaid rent, 2) to repair damage, 3) to clean the unit, and 4) to restore, replace or return personal property. The deposit cannot be used to repair damages for “ordinary wear and tear” that occurred during the tenant’s term, or to repair any damage that pre-existed the tenancy.

Tenant/Renter Rights