Long Beach California Landlord Tenant Closing Statement to Reconcile Security Deposit

State:
California
City:
Long Beach
Control #:
CA-9000LT
Format:
Word; 
Rich Text
Instant download

Description

This is a Landlord Tenant Closing Statement - Reconcile Security Deposit, where the landlord records the deposits and credits, less deductions from the credits or security deposit for delivery to the tenant. It is used to document for the benefit of both parties the monies held by the landlord and due to the landlord.


A security deposit is a payment required by a landlord from a tenant to cover the expenses of any repairs of damages to the premises greater than normal "wear and tear." Everyday usage is normal wear and tear, but excess damage is a debated definition. A security deposit is not the same as rent. It is money that actually belongs to the tenant but is held by the landlord for tenant-caused damages and sometimes past-due rent. Without the agreement of the landlord, a security deposit may not legally be used as the last month's rent.


Laws vary by state, but some states place a limit on the amount of a security deposit that a landlord may charge. Some states also regulate where residential security deposits must be kept and when interest payments on the security deposits must be made to the tenant. State laws also define the time period after the tenant vacates within which the deposit must be returned to the tenant.

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FAQ

A landlord can only deduct from the deposit for damages. If you move out of a rental property after 10 years, don't allow the landlord to deduct the cost of paint and carpet from your deposit ? it's against California law.

Deduction From Security Deposit The cost of fixing any damages to the property caused by the tenant or the tenant's guests, not including ordinary wear and tear. The cost of cleaning the unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in. Unpaid rent.

If the repairs cannot be finished within the 21-day period, the landlord can send the tenant a good faith estimate of the cost of repairs. Then within 14 days of the repairs being done, the landlord must send the tenant the receipts.

Your landlord can deduct from your security deposit for unpaid rent, cleaning fees and repairs to damages outside of normal wear and tear.

The landlord must return your deposit within 21 days after you move out. If the landlord makes deductions from your deposit, they must give you a written explanation and send you a refund of the balance.

What Can a Landlord Deduct From The Security Deposits in California? 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.

Yes. California Civil Code Section 1499 provides that if a tenant requests a rent receipt, the landlord is required to provide a signed and dated receipt. Tenants should keep a file with all of their rental receipts and/or canceled checks in the event a dispute later arises.

Your landlord can still deduct from your deposit to cover the cleaning bill if the property is not cleaned to its level and can prove it, though. So, it's still important to clean the property thoroughly before you move out.

Some states require this type of demand letter before the tenant can begin a small claims case. Obviously, if you have failed to meet your state deadline for returning the deposit (21 days in California), do what you can to make things right.

A landlord can typically charge a tenant for cleaning needed to return the property to the condition at the time the tenant moved in. But, a landlord can not charge the tenant extra ? or use the security deposit ? to pay for normal wear and tear.

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Long Beach California Landlord Tenant Closing Statement to Reconcile Security Deposit