Security Deposits

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BLUE FIRE_IHB

New member
Can someone explain to me the law in California regarding security deposits for rental units?





I have rented units in various states and have NEVER had any portion of my security deposit withheld. In fact, I am used to getting my entire security back, PLUS interest! Maybe I was just lucky?!? From past experience it has been my general understanding that the security deposit was to serve two main purposes:





1. Collateral for lease-breaks





2. Collateral for damage to the unit that goes <strong>beyond normal wear and tear </strong>(for example, a large hole in the wall, carpet stains etc. etc.)





Since moving to California (and renting from TIC), I have come to realize that most folks NEVER really expect to get their security deposit back no matter how clean they leave their apartments. I have experienced this myself, and have heard the same stories from multiple friends. Honestly, this seems criminal.





In my last rental with TIC, I was basically told that no matter how clean I left the apartment it would be professionally cleaned (including carpet wash), and I would be billed for it. Moreover, I was told that the interior walls are painted as part of their regular 2 year maintenance cycle, but if you move out after one year then they bill you for 1/2 of the amount it takes to paint the walls because 99% of the time they paint the walls after every tenant <strong>no matter what.





</strong>Of course it is nice as a new tenant to move into a super clean apartment, but at what point does it legally become the responsibility of the past tenant to pay for normal maintenance and upkeep associated with simply being a landlord? Again, I can understand being responsible for damage or cleaning expenses that go beyond <em>normal wear and tear</em>, but the pattern in OC is like nothing I have ever experienced...
 
<p>Yup - TIC will screw ya. It's in the lease that they can charge for these things - so they do. California law states that landlords don't have to give you interest on the security deposit. TIC is a greedy company and will suck you for every penny. Nothing you can do about it. </p>
 
Your legal obligation under State law is to leave the unit "broom clean". If there is no damage, and it is clean, thay can not bill you for professional cleaning, or for painting.



There may be one exception to this: the tennant agrees to pay for cleaning and painting as part of the lease agreement.
 
calgal - Maybe IC or Marty can pipe in here, but I would think you could go to small claims court and get your money back.
 
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