Find out what constitutes normal wear and tear to avoid unfair charges
This guide explains the purpose of a security deposit, your rights as a tenant in California, and the steps you can take to ensure its return. It covers what landlords can and cannot deduct, what constitutes normal wear and tear, and provides tips for protecting your deposit.
Moving can be expensive, especially in California. Costs quickly add up, including renting a moving truck, paying a deposit or downpayment for a new home, and setting up utilities.
According to the Council for Community and Economic Research, the average city in California has a 38 percent higher cost of living than the national average. Because of these high costs, many people rely on getting their security deposit back when moving from one apartment to another.
This comprehensive guide will help you understand the purpose of a security deposit, your rights as a tenant, and the steps you can take to ensure your landlord returns your security deposit.
What is a security deposit?
A security deposit is a sum of money that a tenant pays to a landlord before moving into a rental unit.
This deposit provides financial protection for the landlord in case the tenant fails to meet their obligations under the rental agreement. These obligations can include paying rent, covering the costs of repairs for damages caused to the property, and cleaning the unit upon vacating.
In California, landlords often charge a security deposit that might be referred to as last month’s rent, a pet deposit, or a cleaning fee. Regardless of the label, these are all considered part of the security deposit.
As of July 2024, California law limits the security deposit on rental properties to no more than one month’s rent. The only exception is for landlords who own two or fewer properties with a total of no more than four rental units; in these cases, the security deposit can be up to two months' rent.
When can a landlord withhold my security deposit?
Once you move out, your landlord has 21 days to either:
- Return all of your security deposit, or
- Return your security deposit minus any deductions, along with an itemized statement. The itemized statement must include a detailed explanation of the deductions and receipts for any repairs.
Your landlord can deduct from your security deposit for the following reasons:
- Cleaning the rental unit when you move out, but only to return it to the condition it was in when you first moved in.
- Repairing damage caused by you or your guests, excluding normal wear and tear.
- Restoring or replacing furniture or other personal items if this was specified in the rental agreement and the damage isn't from normal wear and tear.
Your landlord cannot use your security deposit for damages that were already there when you moved in, unreasonable or unnecessary expenses, or ordinary wear and tear.
Service members are entitled to additional protections under the law. These may include reduced security deposits and specific eviction safeguards. If you are a service member, contact your base legal office for assistance. For contact information, you can visit legalassistance.law.af.mil.
What is normal wear and tear?
It’s important to understand the distinction between normal wear and tear to ensure you are not unfairly charged for the standard aging of the property.
Although California statutes do not define “normal wear and tear,” the phrase refers to the natural and expected deterioration of a rental property that occurs over time with regular use. It is understood as the damage or loss that happens to a property through ordinary, everyday use.
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Tips for ensuring the return of your security deposit in California
To improve your chances of getting your security deposit back, consider taking the following steps:
- Conduct a thorough walk-through inspection of the rental unit with your landlord before moving in. Document the condition of the property with photographs, videos, and a written checklist signed by the landlord.
- Keep the rental property clean and well-maintained. Notify your landlord immediately of any issues.
- Clean the rental property thoroughly before moving out. This includes cleaning the floors, walls, carpets, surfaces, windows and mirrors, light fixtures, and the inside and outside of appliances. If you can afford it, have a professional cleaning done.
- Take all personal belongings and trash with you when you move out. Don’t leave furniture in the unit or even outside the unit on the street with a “free” sign.
- Request a move-out inspection with your landlord, during which you can both review the property’s condition together. Document the final condition with photographs, videos, and a written checklist signed by the landlord.
Review local city or county regulations, as they may offer additional tenant protections or impose extra requirements on landlords. For instance, some cities mandate that landlords pay interest on security deposits.
What are my legal options if my landlord doesn’t return my security deposit?
If your landlord fails to return your security deposit within 21 days, you have several options:
- Contact your landlord: Sometimes, landlords simply forget to return the deposit. A polite text, phone call, or letter may resolve the issue and result in getting your security deposit back with minimal hassle.
- Seek legal assistance: If you need low-cost legal help, visit your local legal aid office. If you do not qualify for legal aid, you can find a lawyer through the California State Bar’s lawyer referral service.
- File a lawsuit in small claims court: You can file a lawsuit in small claims court to recover your security deposit. Visit your local small claims court, ask for a Notice of Small Claim form, fill it out, pay the filing fee, and mail a copy to your landlord. In California, if a landlord wrongfully withholds your deposit, the court may award you your actual losses plus up to twice the amount of the deposit if the landlord is found to have acted in bad faith.
Do you have more questions about landlord-tenant issues in California? These resources might help:
- Overview of Landlord-Tenant Laws in California
- Understanding Landlord Repair Obligations in California Rentals
- California Landlord and Tenant Responsibilities Explained
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