Get Notice To Landlord: Security Deposit - Wrongful Deductions 2020-2025

A landlord can ask for extra money to cover the cost of damages greater than the security deposit. Landlords may need to take legal action to recover extra money. In court, they will have to prove: the tenant caused the damage.

A landlord can only deduct certain items from a security deposit. The landlord can deduct for: Cleaning the rental unit when a tenant moves out, but only to make it as clean as when the tenant first moved in. Repairing damage, other than normal wear and tear, caused by the tenant and the tenant's guests.

For a non-furnished residence, a landlord cannot charge more than twice the rent, plus the first month's rent, as a deposit. For a furnished residence, landlords can charge up to three times the rent in addition to the first month's rent. Civil Code §1950.5(c).

If the tenant receives a notice of the landlord's claim against the security deposit, the tenant has 15 days to object to the claim. The tenant may object to the reason for the claim and/or the amount of the claim. The tenant's objection should be in writing and should be sent to the landlord by certified mail.

There is expected damage that comes with living in a property, i.e. light wall scuffing from furniture, small nail holes, worn carpet, etc. These things are considered normal wear and tear. Because these kinds of things are expected, you don't want to charge the tenant for them.

From the security deposit, a landlord may deduct any rent payments, like last month's rent or this month's rent, that are owed, the utility cost owed, their late fees and unpaid rent payments, and any cleaning fees that are required.

What to Include in a Security Deposit Demand Letter the address of your rental and the dates you rented from. how much you paid for a security deposit. why you are entitled to a return of a portion or all of the deposit. the state laws that require a return of the deposit in a timely manner.