Knowing Your Rights & What Landlords Can—and Can’t—Deduct
Security deposit disputes are among the most common issues Riley Ersoff sees from tenants, particularly in California. Tenant protections under California Civil Code § 1950.5 are strict: landlords must return your full deposit—or provide an itemized statement of lawful deductions—within 21 days of move‑out. Deductions must be limited to unpaid rent, repairs for damage beyond normal wear and tear, and restoring cleanliness to the level present at move‑in. Landlords may not charge for everyday wear, unnecessary cleaning, or pre‑existing damage.
If deductions exceed $125, the landlord must include receipts or invoices. If they perform the work themselves, they must describe the work, hours, and rates used. If the work isn’t completed within 21 days, the landlord must send a good‑faith estimate, then follow up with final documents and the remaining deposit within 14 days of completion.
Most Common Pitfalls for Tenants
Many disputes hinge on simple procedural missteps:
- No written forwarding address: Landlords must have your forwarding address in California to send your refund or accounting. Without it, they may delay or forgo providing documentation.
- Lack of proper inspection: California law gives tenants the right to a pre‑move‑out inspection two weeks before vacating. This lets you fix issues before deductions are imposed.
- Unclear or undocumented conditions: If a move‑in checklist or photos are absent, landlords can claim vague damage and justify deductions—even for normal wear.
- Excessive or illegal charges: Deductions for cosmetic scratches, dust, or minor fixture nail holes are not permitted.
Beyond procedural gaps, some landlords may act in “bad faith,” by withholding security deposits without justification. California tenants may recover up to twice their deposit amount when landlords violate these rules.
Steps Tenants Should Take to Protect Their Deposit
- Document the condition at move‑in and move‑out: Use written checklists and timestamped photos or videos. Keep copies and share them with the landlord.
- Request the walk‑through inspection: California law entitles you to a final inspection—exercise it. If the landlord misses the window or fails to identify issues correctly, you preserve your right to a full refund.
- Clean and repair promptly: Before you leave, address minor scuffs, fully vacuum, and return all keys or remotes. This will limit disputes over cleaning fees or missing items.
- Provide your forwarding address in writing: This triggers the landlord’s obligation to return the deposit within 21 days or provide deductions with itemization.
- Review the itemized statement thoroughly: For any deduction over $125, the landlord must include invoices or detailed descriptions of self‑performed work, and it must match what the move‑out inspection revealed.
- Send a written demand if needed: If the refund is late or deductions seem unlawful, submit a letter disputing the charges and demanding immediate return of your deposit.
- Consider small claims or legal action: In California, tenants may sue for the deposit plus statutory damages (often up to twice the deposit) when landlords violate timing or documentation requirements.
When & How Riley Ersoff LLP Can Help
Security deposit disputes may seem simple, but many landlords ignore their obligations—particularly in habitability cases or systemic misconduct. Riley Ersoff has long fought for tenants harmed by unsafe housing conditions, slum housing, lead exposure, mold, and more. This firm handles security deposit litigation as part of broader habitability or wrongful retention cases—and will hold landlords accountable when they unlawfully withhold your money or fail to follow legal requirements.
If your landlord didn’t return your deposit on time, failed to itemize charges, or made deductions for normal wear, you might be entitled to full recovery—and statutory damages. Our experienced team can help you send demand letters, file claims in small claims or civil court, and pursue compensation for landlord misconduct.
Los Angeles Tenant Rights Lawyer
Don’t let unlawful deposit deductions go unchallenged. Riley Ersoff is ready to review your case, protect your rights, and fight for the full refund—and additional damages—you deserve.
