Can Landlords Charge for Damages Upon Move-Out?
Most states, particularly California, do not set guidelines on how much a landlord can charge for damages if you move from a lease unit. The legislation does, however, govern the procedure. Your landlord must function in good faith by supplying you with a timely listing and evidence of repairs he created for damages he claims you made to his property.
Function
When you move into a rental unit, generally you pay your landlord a security deposit. Back in California, the a landlord can charge for a safety deposit is two times the monthly rent in an unfurnished unit and three times the rent for a furnished rental. The security deposit, as its name suggests, gives landlords cash that they can utilize to recoup unpaid lease or the expenses of repairing damage your friends, family or pets contributed to your rental unit during your tenure. California law, as stated by the nation’s Department of Consumer Affairs, also enables landlords to withhold safety deposit sums to return your flat into the level of cleanliness that it was when you first moved in.
Prevention/Solution
As Erin Burt of Kiplinger’s Personal Finance advises, you can decrease the chances of having all or part of your security deposit withheld if you are proactive. Burt suggests photographing whatever you believe is wrong with your rental unit before you proceed in. Date the photos. Ask the landlord, in writing, to resolve with. File the photos of things which she doesn’t fix away. Come move-out time, you’ve got evidence that you didn’t cause the damages that your landlord might well try to blame you.
Procedure
Within 21 days of your move-out date in California, your landlord must send you a refund of your security deposit, reports the Department of Consumer Affairs. In case your landlord withholds all or a part of your deposit, then California law requires him to send to you an itemized list detailing safety deposit deductions and the factors for your levies.
Considerations
California landlords, notes the Department of Consumer Affairs, must contain receipts for any repairs that they created together with the itemized list of deductions. If the repairs cost the landlord less than $126, she doesn’t need to send your receipts; however, she still must offer the itemized list. California law allows landlords to deliver a”good faith estimate” in lieu of receipts if the landlord or among her workers conducted the job or if receipts are not available within the 21-day window she has to return your security deposit and provide you with the aforementioned itemized list.
Retribution
If you feel like a landlord has withheld an excessive amount of safety deposit cash, fingered you for damages you didn’t cause or not followed your nation’s law, you’ve got options for taking actions. The San Francisco Rent Board points out that you can take your landlord to small claims court. The limitation for a claim in this venue in California is $7,500. You also have the option of contacting an attorney; however, she will not be able to represent you in small claims court.