Moving out of your rented residence? Under California Civil Code 1950.5(f), you are entitled to a pre-move-out inspection if you request it. This inspection should occur during the last two weeks of your tenancy, and is not available to tenants who are being evicted. After the inspection, your landlord will provide an itemized statement of corrections you can make to avoid deductions from your security deposit. You may still be responsible for problems that are not noticed during this inspection or that occur after the inspection.
Within 21 days after you move out, your landlord must mail either a) your entire security deposit, or b) an itemized list of deduction, plus a check for any remaining balance (California Civil Code 1950.5(g)). The landlord can only deduct money from your deposit to cover unpaid rent, damage beyond normal wear and tear, and reasonable cleaning costs (California Civil Code 1950.5(b)). If more than $125 is deducted from your security deposit, the landlord must provide you with receipts for the labor and materials used (California Civil Code 1950.5(g)(4)(A)).
All tenants, even those who are evicted, are entitled to the refund of any unused portion of their security deposit. Remember, if you lived with roommates who were also on the lease, the landlord does not need to return the deposit until all tenants have left the property.
If the landlord does not return or account for your deposit within 21 days, you may be entitled to up to the amount of the deposit, plus twice the amount of the security deposit, if you can show bad faith (California Civil Code 1950.5(1).)
If you have trouble with your landlord over these or other issues, there are several places to turn for help in Sacramento County:
Small Claims/Unlawful Detainer Legal Advisory Clinic
This is a free, drop-in clinic that can answer your questions regarding eviction and small claims cases. It is located at the Carol Miller Justice Center, 301 Bicentennial Circle.
Legal Services of Northern California: Fair Housing
This organization offers advice and assistance with Fair housing and Fair lending questions. Visit their website at http://www.lsnc.net/.
Human Rights/Fair Housing Commission of Sacramento
This organization provides information and hotline assistance on landlord-tenant issues. More information is available at http://www.hrfh.org/page/page/4293815.htm.
The California Courts Self-Help Center
This website provides access to the forms you'll need for your case, as well as some procedural information.
Sacramento Superior Court
The Court's website provides information about the court, as well as instructions for filing and responding to a landlord-tenant case.
The Law Library also has a number of books that may also help you in preparing and presenting your small claims case. Click here for a guide to the library's landlord-tenant resources.
By Mary Pinard, Public Services Librarian
updated 08/09
Links for "Security Deposits"
California Civil Code 1950.5
http://caselaw.lp.findlaw.com/cacodes/civ/1940-1954.1.html
Legal Services of Northern California: Fair Housing
http://www.lsnc.net/.
Human Rights/Fair Housing Commission of Sacramento
http://www.hrfh.org/page/page/4293815.htm.
The California Courts Self-Help Center
http://courtinfo.ca.gov/selfhelp/other/landten.htm
Sacramento Superior Court
http://www.saccourt.ca.gov/ud/ud.aspx