Whenever a tenant is moving out, they’re always expecting to get back their security deposit. But they may not get back all of it, as landlords are looking to deduct part of the security deposit to recoup as much as possible. While there are not very many laws regarding security deposit deductions, there are a few, and there are several guidelines.
Legally, a landlord has 21 days to mail the Security Deposit Refund letter to the tenant’s forwarding address, counting from the day the tenant returns the keys. If repairs won’t be complete within 21 days, the landlord still needs to provide estimated costs, and must provide the actual costs within 14 days of completion of the repairs. In nine cities in California, landlords must pay interest on security deposits, to be paid each year and at the end of tenancy. The rates vary each year and the payment deadline varies by city, so if you are a landlord, be sure to check with your local rent control board or city government if you live in one of these nine cities — Berkeley, East Palo Alto, Hayward, Los Angeles, San Francisco, Santa Cruz, Santa Monica, Watsonville, and West Hollywood.
The types of expenses that can be deducted are unpaid rent, cleaning, repairs, and restoring or replacing items specifically mentioned in the lease. Before and after pictures are important in determining whether the landlord can charge for cleaning. As for repairs, normal wear and tear cannot be deducted, but major damages can. If something needs to be replaced, replacement costs are usually calculated based on the item’s expected remaining life expectancy, not the full value.
Photo by Colin Watts on Unsplash