Full question:
My question is what the landlord can take out of security deposit? We had a landlord that charge us from re sodding the backyard. Where the grass only needed to replace in one spot about 100 square feet and we got charged for 500 sqft. he want the grass to match. his sprinkler system went down and he tried to fix it but it failed every time. that is only one example of his charges to us. what is our rights ?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: California
Answer:
In California, the law regarding security deposits is outlined in California Civil Code § 1950.5. A landlord can use a security deposit for specific purposes, including:
- Compensation for unpaid rent.
- Repairing damages caused by the tenant, excluding ordinary wear and tear.
- Cleaning the premises to return it to its original condition.
- Addressing any defaults in the rental agreement related to restoring or replacing property, if specified in the lease.
However, a landlord cannot charge for damages that existed before the tenant moved in or for normal wear and tear. In your case, charging for re-sodding 500 square feet when only 100 square feet needed replacement may not be justified, especially if the sprinkler issue was a landlord's responsibility. Additionally, landlords must provide an itemized statement of deductions from the security deposit within twenty-one days after the tenant vacates the property, along with receipts for any work done.
If you believe the charges are excessive or unjustified, you may want to discuss the matter with your landlord or seek legal advice to understand your rights further.
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.