Deposit Question in Ca

[Frustrated renter]

Jurisdiction

California

I've lived in a rental a little over 2 years before moving last month. I received a list of cost with my returned deposit 28 days after moving out. When I moved in the paint was clean but not fresh. Can my landlord withhold the total cost of painting from my deposit? How do I go about getting refunded some of my deposit?

 

[adjusterjack]

I've lived in a rental a little over 2 years before moving last month. I received a list of cost with my returned deposit 28 days after moving out. When I moved in the paint was clean but not fresh. Can my landlord withhold the total cost of painting from my deposit? How do I go about getting refunded some of my deposit?

Easy.

You sue him in small claims court.

The CA security deposit statute gives him 21 days after you vacate. He's failed to comply with the statute which puts him in bad faith and potentially allows you to win the entire deposit back plus an additional amount equivalent to two times the amount of the deposit.

Read the entire Section 1950.5 at:

CA Codes (civ:1940-1954.1)

There's also a guide published by the state that's easier to read:

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

With regard to just the paint, the LL cannot deduct for wear and tear so the charge for repainting is out if you can show that the condition of the paint upon move in was substantially the same as the condition on move out. If you don't have photos from both ends of your tenancy now you know why it's a good idea to have a cheap digital camera and (anywhere you rent) take many photos when you move in and many photos when you move out.

Oh, one more thing, the CA court website has a great self-help section on small claims:

Small Claims - small_claims_selfhelp

Like Willard said to Ben: "Tear him up."