returning security deposi
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returning security deposi (by Miriam [CA]) Jul 25, 2017 10:51 PM
       returning security deposi (by Robert J [CA]) Jul 26, 2017 12:06 AM
       returning security deposi (by Coplin [CA]) Jul 26, 2017 2:24 AM
       returning security deposi (by Moshe [CA]) Jul 26, 2017 12:11 PM
       returning security deposi (by Vee [OH]) Jul 27, 2017 5:20 AM

returning security deposi (by Miriam [CA]) Posted on: Jul 25, 2017 10:51 PM
Message:

State Specific Question About: CALIFORNIA (CA)

I will be doing a "walk through" before returning security deposit. How should I handle this? The lease says I have 22 days to return their money. We replaced the dishwasher because someone leaned on the door and it leaked. Can I deduct that from their security? --99.66.xxx.xx



returning security deposi (by Robert J [CA]) Posted on: Jul 26, 2017 12:06 AM
Message:

In California, two weeks before a tenant is scheduled to move out, a landlord must offer a "Pre-Move-out" inspection. If they tenant doesn't want one, then get them to text or send an email confirming this.

Why? Because at the pre-move out inspection the landlord makes a list of deductions from the deposit, giving the tenant a chance to get things done for less money. Examples:

You conduct a walk through and list the following costs:

1) Carpet cleaning $200

2) 3 Screens replaced $120

3) Paintings a room damaged by crayon $300

The tenant says they can rent a Rug Doctor Carpet Shampoo machine from a local market for $25 and do the cleaning themselves. They can also have the local hardware company make three screens up for $50.

But the tenant doesn't know a good paint and request receipts when completed showing the costs.

Then the tenant moves out and you have the final inspection. You then have 21 days to send an itemized list with receipts showing your costs and then balance of the deposit refund. Now since the tenant didn't shampoo the carpet, you can deduct those costs.... and other new repairs you only saw after they removed their stuff.

If you did not have a pre-move out inspection. You can NOT deduct anythings from the tenants deposit and must refund all of it, except maybe some items in the lease....

Know the rules of your State/City otherwise it will cost you.... Good luck, Robert --47.156.xx.xx



returning security deposi (by Coplin [CA]) Posted on: Jul 26, 2017 2:24 AM
Message:

What Robert says above is true, except:

1. You are only required to offer a Pre-move out inspection and only if the tenant accepts the offer & you and he agree on a time. Are you required to do it.

2. Inspection items are only those items visible without moving any tenant possessions.

3. If you conduct the Pre-move out inspection you are only required to identify items damaged/needing repair/needing replacement, not the repair or replacement costs. --107.152.xx.xxx



returning security deposi (by Moshe [CA]) Posted on: Jul 26, 2017 12:11 PM
Message:

" We replaced the dishwasher because someone leaned on the door and it leaked. Can I deduct that from their security? "

How do you know that someone leaned on the door? Can you prove that that's the reason that it leaked?

The law says that you may deduct for the repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant.

So, you will have to convince a judge that this situation falls within what the laws says, and what it intended.

--47.139.xx.xxx



returning security deposi (by Vee [OH]) Posted on: Jul 27, 2017 5:20 AM
Message:

A damaged door should have been billed to the next rent cycle, I do not understand why managers want to become lending companies especially when they are not earning interest.... --76.188.xxx.xx



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