What You Need to Know About Suing a Landlord for a Security Deposit
Lawsuits against landlords will be carried out through the small claims court. Here is everything you need to know about how to sue your landlord for a security deposit in California.
Unfairly withholding deposit money for cleaning, repairs, back rent, or failing to return the deposit are actions that a landlord can commit; as a result, a tenant may file a lawsuit against them. A tenant should provide proof of unlawful conduct and can consult a lawyer, but is not required to, nor allowed to have one present in small claims court.
What Is a Security Deposit?
A security deposit is money that a landlord takes from a tenant and does not include advance payment of rent. The security deposit is a form of protection for a landlord. The money will protect them if a tenant breaks their lease or violates the terms of their lease or rental agreement, and can be used to pay for cleaning, necessary replacements, back rent, or damages that a tenant created on the property. California has limits on the amount of money a landlord can ask for and collect as a security deposit:
- If the property that the tenant is giving a security property for is unfurnished, the deposit can be a maximum of two times the rent.
- If a landlord is providing a furnished apartment, they can request and collect three times the rent.
- If a tenant is renting a commercial property, there are no limitations on the amount of money a landlord may ask for as a security deposit.
California Law for Security Deposits
California code section 1950.5 outlines the rules concerning a landlord/tenant relationship and the rules for security deposits. A landlord has twenty-one days after a tenant vacates the property to return the deposit in full or explain why they will not return the full deposit. This explanation can be given to the tenant in person or mailed to them and should take the form of a written letter. The letter must explain why the landlord is keeping part of the deposit or all of it, and list all the deductions a landlord is making. The landlord must also provide the tenant with any of the remaining deposits and receipts for the charges or deductions. A tenant is not entitled to a receipt if the repairs cost less than $126 or if they waived their right to get receipts. A landlord may deduct from the security deposit to pay for:
- the cost of fixing damages to the property. These costs do not include ordinary wear and tear.
- the cost of cleaning the property after the tenant vacates the property. The landlord may only use the money to make the property as
- clean as it was when the tenant in question first signed their lease and moved in. Any additional cleaning or improvements to the property cannot be paid for with the tenant’s security deposit.
- unpaid rent or for rent that the tenant owes the landlord if they gave no proper notice of their vacating the property.
If a landlord does not return the deposit in full or provide a letter detailing all necessary deductions, a tenant can file a lawsuit against their landlord. However, before suing, it is recommended that the tenant writes a letter to their landlord explaining why they believe the deductions or refusal to return the deposit is unjust. The tenant should make a copy of the letter to use as proof before the court if they decide to pursue a lawsuit.
Suing a Landlord For a Security Deposit
If a landlord refuses to return the deposit or reach an agreement with the tenant after the letter, then the tenant should proceed with suing their landlord. The following is the process an individual can expect when suing in the small claims court:
- Make the demand.
- This is the letter requesting the deposit or challenging the deductions.
- Gather all evidence.
- This may include:
- A statement that includes the claim for how much the landlord owes the tenant.
- A copy of the demand letter.
- A copy of the signed rental or lease agreement
- Any receipts for canceled checks for the security deposit
- Any images that show how the property looked before and after a tenant vacated the property.
- Any witnesses who can support your claims. They are especially critical for cases in which a landlord claims that cleaning or repairs were required and the reason for the withholding of the deposit.
- This may include:
- Fill out the forms for filing a claim in small claims court.
- A tenant must provide the exact legal name of the landlord along with the address of the property. The forms must also include the damages the tenant is seeking. The tenant is able to sue for:
- Up to twice the amount of the deposit as damages plus the original deposit.
- Up to $10,000 as per small claims court limitations.
- A tenant must provide the exact legal name of the landlord along with the address of the property. The forms must also include the damages the tenant is seeking. The tenant is able to sue for:
- Have the forms reviewed by a small claims advisor.
- File the claim and make copies.
- The claim must be filed in court that corresponds to where the property is located and where the contract was signed.
- A fee is required to file, but a person may be eligible for a fee waiver.
- Service of Process
- Have someone serve the landlord. An individual can ask a relative or family friend if they wish to avoid paying a fee.
- Defendant’s Claim
- A landlord can counter by claiming that the holding of the deposit was lawful and sue the tenant.
- Court’s Decision
- After reviewing all the evidence, a judge will rule with either the plaintiff (tenant) or defendant (landlord).
- A defendant can appeal a judge’s decision on the claim— a plaintiff cannot. A plaintiff may only appeal a defendant’s claim.
FAQS
Can I sue my landlord if he did not return my deposit because he used it to pay for wear and tear in my apartment?
A landlord cannot charge you for wear and tear damages. If they refuse to return your money that was used to pay for wear and tear, then you have grounds to sue.
What if my security deposit exceeds the limit for damages set by the small claims court?
If the amount of your security deposit exceeds the amount of money that can be sought in a small claims court, then you will need to file in a different court under the civil justice system.
What if I have no images or proof to counter my landlord’s claims?
Evidence is key to ensuring that your deposit is returned. If you have no proof to counter your landlord’s claims, contact a lawyer for advice on how to proceed.
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