Security deposit used up

Status
Not open for further replies.

lolufson

New Member
My jurisdiction is: California

At my previous apartment, I was required to pay last month's rent before move-in but no additional security deposit. According to California law,

Civil Code 1950.5, section (b) he code defines "security" as follows: "any payment, fee, deposit or charge, including, but not limited to, any payment, fee, deposit, or charge, except as provided in Section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, including, but not limited to, any of the following:…"

and therefore the "last month's rent" falls under this security deposit law.

This amount was indeed used to pay the last month's rent as stated in the lease, leaving no additional security being held by the landlord.

The landlord failed to submit the statement of damages within the 21-day period as described in
section (g)(1)
"No later than 21 calendar days after the tenant has
vacated the premises, but not earlier than the time that either the
landlord or the tenant provides a notice to terminate the tenancy
under Section 1946 or 1946.1, Section 1161 of the Code of Civil
Procedure, or not earlier than 60 calendar days prior to the
expiration of a fixed-term lease, the landlord shall furnish the
tenant, by personal delivery or by first-class mail, postage prepaid,
a copy of an itemized statement indicating the basis for, and the
amount of, any security received and the disposition of the security
and shall return any remaining portion of the security to the tenant."

Also, from the California Department of Consumer Affairs,
"What if the landlord doesn't provide a full
refund, or a statement of deductions and a
refund of amounts not deducted, by the end of
the 21-day period as required by law? According
to a California Supreme Court decision, the
landlord loses the right to keep any of the
security deposit and must return the entire
deposit to you."

The landlord states that this section does not apply since there was no security being held after the lease expired. Even if there is no security to be returned, aren't they by law supposed to deliver a statement of charges within the 21 days?

(This is only the beginning of the issues I have had with this landlord and the charges imposed on me, but is the most important for now.)
 
Thanks, Gail.

However, my landlord is claiming that they could not "bill and deduct" from the security deposit and instead had to "bill and charge" and therefore (according to them) that section (g)(1) does not apply.

It seems to me that the landlord would have had to state in their bill the original amount of the last month's rent, that it was used for the last month's rent, and additional charges for supposed damages.

[The landlord is being quite unreasonable in many regards. For three months the landlord took the stance that the security deposit law did not apply, even after I provided a highlighted document of the civil code defining security for them. They stated it was a matter of "interpretation." Your help is much appreciated!]
 
Status
Not open for further replies.
Back
Top