Full question:
I gave notice on my apartment and I requested a walk through. The landlord did a walk through a week before my lease expired but did not give me a list of damages. Under California tenant law, he is required to give a list immediately. I called and asked, but he just stalled and never sent the list. Three weeks later (and after new tenants moved in) he sent me a list of damages and estimates all done after new tenants had moved in. What is the law about this and what happens if the landlord does not give a written list of damages before new tenants move in?
- Category: Landlord Tenant
- Date:
- State: California
Answer:
Under California law, specifically California Civil Code § 1950.5, landlords must provide a written itemized statement of any damages and deductions from a tenant's security deposit within twenty-one days after the tenant vacates the premises. This statement must detail the basis for any deductions and include any receipts or invoices for repairs or cleaning.
Since your landlord did not provide the list of damages before the new tenants moved in, he may have violated the law. If the landlord fails to comply with the requirement to provide this list, you may be entitled to recover your full security deposit, and they could face statutory damages of up to twice the amount of the security deposit for bad faith retention or demand for additional security.
It's advisable to document all communications with your landlord and consider seeking legal advice to understand your rights and options in this situation.
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.