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Landlord Tenant
Can I keep my tenant's security deposit for additional rent and damages?

Can I keep my tenant's security deposit for additional rent and damages?

Full question:

My tenant is suing me for 700 security deposit. I kept it because I rented him a room,not a room, garage and office. I hit his car in my garage costing my insurance to go up,and asked him several times to vacate the additional room He was using as an office?

Category: Landlord Tenant
Date: 04/07/2025
State: California

Answer:

To retain part or all of a security deposit, both contract law and state law apply. The outcome depends on the specifics of the lease agreement, particularly what areas were included in the rental. A landlord may withhold a security deposit for unpaid rent if the tenant occupied additional space that required extra rent and was given notice to vacate. However, it is unlikely that you can deduct any costs related to an auto accident for which you were liable.

According to California law (Cal. Civ. Code § 1950.5), a security deposit can be used for:

Compensation for unpaid rent.
Repair of damages caused by the tenant, excluding normal wear and tear.
Cleaning to restore the premises to its original condition.

Landlords must provide an itemized statement of any deductions and return any remaining deposit within twenty-one days after the tenant vacates the property. If you fail to comply with these requirements, you may be liable for damages.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to file a claim against landlord for security deposit?

To file a claim against your landlord for a security deposit, first, send a written demand for the return of your deposit, outlining the reasons you believe it should be returned. If the landlord does not respond or refuses to return the deposit, you may file a claim in small claims court. Gather evidence such as your lease agreement, any correspondence, and proof of payment. Be prepared to show that you complied with the lease terms and that the landlord did not have valid reasons for withholding the deposit.

What is the law on security deposits in Massachusetts?

In Massachusetts, security deposits are regulated by state law (Mass. Gen. Laws ch. 186, § 15B). Landlords can charge a maximum of one month's rent as a security deposit. They must hold the deposit in a separate, interest-bearing account and provide tenants with a receipt. Upon termination of the lease, landlords must return the deposit within 30 days, along with any interest earned, unless they provide a written itemized list of deductions.

Can a landlord sue for more than the security deposit?

Yes, a landlord can sue for more than the security deposit if they can prove that damages exceed the amount of the deposit. This may include costs for unpaid rent, repairs for damages beyond normal wear and tear, or other losses incurred due to the tenant's actions. However, the landlord must provide evidence to support their claims in court.

How do you win a deposit dispute?

To win a deposit dispute, gather all relevant documentation, including your lease agreement, payment receipts, and any communication with your landlord. Clearly demonstrate that you fulfilled your lease obligations and that the landlord's reasons for withholding the deposit are invalid. Present your case in a clear and organized manner, whether in small claims court or through negotiation, to increase your chances of success.

How to win a court case against a landlord?

To win a court case against a landlord, prepare thoroughly by collecting all relevant documents, such as your lease, payment records, and correspondence. Understand the specific laws and regulations that apply to your case. Present your evidence clearly and logically, and be ready to counter any claims made by the landlord. Having a clear understanding of your rights and responsibilities as a tenant will strengthen your position.

What are the security deposit laws in Oregon?

In Oregon, security deposit laws are governed by ORS 90.300. Landlords can charge a security deposit, but it cannot exceed the equivalent of two months' rent. They must return the deposit within 31 days of the tenant vacating, along with an itemized list of any deductions. Landlords are also required to keep the deposit in a separate account and provide tenants with a receipt.