Question 1

What can I do to protect my security deposit?

Accepted Answer

To protect your security deposit, it’s important to understand that for you to receive your deposit back, you must return the unit in relatively the same condition you received it, minus normal wear & tear.

So when moving into a new apartment it’s incredibly important that you do an initial walk-through, taking photos, videos and documenting the state of the apartment as it was when it was turned over to you. This allows you and the owner/manager to have reasonable expectations of how the apartment should look when you turn it in upon moving out. Attempt to do this with the owner/manager present. Create a document report from the initial inspection, along with photos if possible. Provide the owner/manager a copy of your inspection report with photos. Send via certified mail for documentation purposes.

When moving out, be sure to give a proper 30-day written notice and schedule a move-out inspection 2 weeks prior to your move-out date. These steps should ensure that the owner/manager has ample time to sort out their affairs (get a new tenant), and will allow you to address any issues that come up during the inspection in order to avoid deductions. Get a copy of the inspection in writing or generate your own and provide them with a copy as with the initial inspection.

*In all inspection reports, be sure to note time, date, address and any persons present during the inspection.

Question 2

What can I do if I don’t get my security deposit back?

Accepted Answer

As per Civil Code Section 1950.5, your owner/manager is required to refund your deposit and/or give you an itemized statement of any cleaning or repairs that they intend to charge to your deposit within 21 days after moving out.

Some reasons the owner/manager may deduct from your rent include: 
Rent that is owed
Apartment is less clean than when the tenant moved in
Rental is damaged beyond normal wear and tear
Keys or furniture are not returned or damaged.

If your Security Deposit is NOT returned and/or you haven’t received an itemized statement of deductions, write a letter and send via certified mail, requesting your security deposit or their reason for withholding, in the form of an itemized statement along with receipts of costs. If the owner/manager does not comply, your last resort is to take them to Small Claims court.

The security deposit in California includes key deposit, cleaning costs, new tenant processing fee as per CCC §1950.6, and pet deposits. Rental application fees are not included in the security deposit.

The maximum security deposit for unfurnished and furnished apartments is up to 1 month's rent. This rule does not apply to “Mom & Pop” landlords who own 4 or less units. Landlords can increase the security deposit with a 30-day notice if the lease allows it, and the increase cannot be more than the maximum allowed by law. Rental application fees are not included in the security deposit.

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How much can a property owner/manager charge for application fees?

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