When a tenant initially moves into a new home, a landlord may normally charge a security deposit of up to two months’ rent. If the home or apartment is furnished, the landlord may charge the equivalent of three months’ rent. The landlord is legally obligated to refund any unused portion of the security deposit within 21 days after all tenants vacate the subject property. But, truth be told, many landlords have little or no incentive to return money to former tenants, so these people must often enlist the help of a San Francisco tenant lawyer to get their money back.
Allowable Deductions
Under California Civil Code section 1950.5, the landlord does not have to return the entire security deposit amount if the money is used for certain allowable expenses and spent in accordance with specific legal procedures. Some allowable deductions include:
- Unpaid Rent: A landlord can elect to use the security deposit to cover unpaid rent. Note that only a landlord has the right to do this – a tenant cannot choose to use the security deposit for unpaid rent without the landlord’s permission.
- Cleaning: A landlord may deduct for reasonable cleaning expenses to return the unit to the same level of cleanliness it was in at the inception of the tenancy.
- Damage Repair: A landlord may deduct for repairs of damage to the unit caused by the tenant or a guest. However, a landlord may not deduct for repairs of damage that are ordinary wear and tear. “Ordinary wear and tear” is not defined in California law, but typically would include a reasonable number of nail holes in the walls or small scuff marks on the floor.
All tenants should be sure to give the landlord a forwarding address, because lack of a valid address is normally a defense to failure to refund a security deposit. Within 21 days of of a tenant vacating a rental property, the landlord must either return the security deposit in full or provide a
statement of work performed, including supporting documentation, such as:
- The amount of time the landlord or landlord’s employees spent performing the work and a reasonable hourly rate for these services,
- Any third party invoices or receipts for services rendered,
- Invoices, receipts, or price lists for materials purchased, and/or
- A good faith estimate of future charges.
The landlord does not have to attach supporting documents if the work performed did not exceed $126.
Remedy Available
The matter can often be resolved with a simple demand letter from a San Francisco tenant lawyer. The two sides can often compromise by extending the deadline another few days or allowing for a partial refund. If the landlord refuses to negotiate, it is usually necessary to file suit in small claims court. As added leverage for the tenant, if the landlord is withholding the security deposit in bad faith, the tenant can also recover a penalty of two times the security deposit.
Partner with Attorneys Who Are On Your Side
In the San Francisco-Berkeley-Oakland rental markets, a security deposit is often thousands of dollars. To get more of your money back, contact an assertive San Francisco tenant lawyer for a confidential consultation. At Elke & Merchant LLP, after-hours consultations are available.