What Can Landlords Deduct From Security Deposits?

Giving a security deposit to the landlord is only half the equation. What deductions can a landlord take? Will the deductions multiply as time goes on?

The answers depends on who is doing the defining. Here are a few guidelines to help work through the basics, as defined under California state law.

A “security,” according to Civil Code 1950.5, is “any payment, fee, deposit or charge, including but not limited to, an advance payment of rent.” The security may be used for the following:

“1. The compensation of a landlord for a tenant’s default in payment in rent.”

In plain English, pay your rent or your deposit may be used. Before you leave, 30 days’ written notice is the law, but a pre-warning is nice, too.

When the time comes, a sheet of plain paper simply stating your name, the address of the unit and your intention to depart in 30 days will satisfy the written-notice requirement. Remember to date the letter clearly, sign it and keep a copy for yourself. Mail or deliver the notice to the same person and place the rent would be delivered. Follow up with a friendly phone call to be sure it was received. Thirty days of deducted rent due to a “never received” letter can really take a bite out of a deposit.

“2. The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant.”

Fix it or pay for it. Problems also arise in defining the terms “wear and tear.” Amazingly, few people bother to take note of the condition of the place at the time they move in. An itemized walk-through sheet may be your best protection. Common deposit deductions include repainting (especially if the tenant got creative and painted a new color), replacing window treatments and floor coverings.

Wear and tear has been the cause of many a dispute. Tenants feel worn paint behind a sofa, for example, is wear and tear while the landlord may feel it’s damage. Damage according to the dictionary is “loss or detriment due to injury.” The difference between a worn-out door key and a broken one is an easy determination--but what about a scratch on the hardwood floor? Ask your landlord before you move out.

If something is broken or damaged in the apartment, be upfront about the damage. You have the option of repairing the damage yourself if done to the owner’s satisfaction.

“3. The cleaning of the premises upon termination of the tenancy.”

Cleaning often gets messy. Tenants want to save the expense and do the cleaning themselves, and landlords want to save cleaning for last and use their own crew.

Since the law provides that cleaning can be deducted, the second question is: How clean is clean? Does it mean “broom clean” or “hotel room clean”? Unfortunately the law does not elaborate, but based on personal experience, the best answer is to agree beforehand on the level of clean. Providing a basic sheet outlining the specific areas to clean, a list room by room, would help everyone maintain the same level of definition.

“4. To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security is authorized to be applied thereto by the rental agreement.”

Appurtenances refer to anything and everything included in your rental agreement. Anything from personal property items, such as a stove, to everything outside, including the yard itself (if your lease says you mow, you mow). You have to return the items, naturally, plus return them in the same shape you started with--less wear and tear.

Most leases have language that mirrors the law. Double-check your lease to see what you’ve agreed to, that any nonattached items are written in and that promised items are provided.

Recently a dispute over a washer and dryer in a condominium came up. The appliances included weren’t written down in the lease and four years had passed. Whose were they? Luckily a receipt was produced to settle the memory loss, but don’t depend on memory when it comes to rental agreement details.

The landlord has 21 days after you move out to send a detailed letter and a check for the balance of your deposit. For more details on the law, visit www.leginfo.ca.gov.

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H. May Spitz is a Los Angeles-based freelance writer. Reader comments may be sent to hmayspitz@aol.com.