QUESTION
What can I do if my tenant left the property damaged and now I have to pay back the full security deposit?
Asked on May 06th, 2014 on Litigation - California
More details to this question:
The tenant left the property damaged. Will repair cost come from the security deposit or can the full security be given to the tenant and damage money is given to landlord? Plus the key was not returned until the middle of the next month and there are items the tenant left in shed after repeated requests to remove. Heard by magistrate what can I appeal? I have to pay full security deposit back plus filing fees and did not get rent for month items left and key not returned. I have not heard of such a decision before.
2 ANSWERS
The reason for a security deposit is to fund damage repairs but the deposit must be accounted for within 20 days of the tenant moving out and must include receipts for work done. If you did all of that then you may be able to appeal but be mindful of the amount of time from judgment that you have to file your appeal. You should consult a real estate attorney to review all of the facts and advise you.
Answered on May 06th, 2014 at 5:53 PM
Litigation Attorney serving Bakersfield, CA
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Your reference to a court hearing in front of a magistrate suggests that this may not be a proceeding which occurred in California. In California, the most likely reason for a correct ruling on a security deposit in favor of a tenant who owes the landlord money, would be the landlords total failure to provide a timely account to the tenant regarding the use of the tenants security deposit. Of course, this may be incorrect ruling, in which event you may wish to consider an appeal.
Answered on May 06th, 2014 at 4:23 PM