| Security deposits are a must in rental property | | | | could result in deductions from the deposit. The |
| management. But there are rules on how much | | | | tenant must then request the inspection. If the |
| of a deposit may be requested, what it can be | | | | tenant does so, the landlord must inspect and give |
| used for, and how any unused portion must be | | | | the tenant an itemized statement of problems |
| returned to the tenant. Where I practice in | | | | with the property's condition so that the tenant |
| California the landlord may obtain from the tenant, | | | | has the opportunity to correct them prior to |
| at the inception of the tenancy, a security deposit | | | | move-out. The parties then typically schedule a |
| of up to two months' rent for an unfurnished | | | | final walk-through where the landlord can check to |
| premises and up to three months' rent for a | | | | see if the tenant has corrected the problems. |
| furnished premises. The security deposit may be | | | | The landlord has 21 calendar days after the |
| in addition to the first month's rent charged in | | | | tenant vacates to give the tenant, by personal |
| advance. | | | | delivery or by first-class mail, an itemized |
| The landlord must hold the security deposit for | | | | statement showing all deductions from the |
| the benefit of the tenant. The landlord may only | | | | security deposit and return to the tenant any |
| deduct from the security deposit for unpaid rent, | | | | unused portion of the deposit. For all deductions, |
| damage to the premises except for ordinary | | | | the landlord must also provide supporting |
| wear and tear, and cleaning the premises so as to | | | | documentation such as invoices, bills, receipts, etc. |
| return it to the same condition that it was in at | | | | If the landlord fails to account for the security |
| the start of the tenancy. | | | | deposit to the tenant, the tenant may sue for |
| Where one party terminates the tenancy (other | | | | return of the deposit. If the tenant can show that |
| than for breach of the lease or failure to pay | | | | the landlord's retention of the deposit was in bad |
| rent), the landlord must give the tenant, within a | | | | faith, the court may award the tenant a |
| reasonable time after notice of termination, | | | | statutory penalty of up to two times the amount |
| written notice of the tenant's right to an | | | | of the deposit. |
| inspection and advance notice of deficiencies that | | | | |