Landlord hasn’t returned my security deposit. What should I do?

I live in California and I had an experience with a landlord who charged me for wear and tear. He took out from my security deposit the cost of washing the curtains, steaming the carpets and even replacing the entire bathroom door because I had a nail on it for a hook. I took him to small claims court and the judge ruled in my favor.

I learned that if your landlord does not send you back your security deposit within the period specified by the state then you can hold your landlord responsible for the entire security deposit. This means that if you win in court, you can have your security deposit back, without deductions. Plus, your landlord can pay your for damages too.

If it was so easy for the landlord to get the security deposit back from tenants then it should be returned to the tenant just as easily.

I would like to add that if the landlord refuses to return the security deposit even after you’ve demanded for it repeatedly, your landlord may be held liable to pay you triple the amount of the security deposit you gave.

Tip: do a walk through before you leave and then prepare a document listing all the damages and cleaning needs that your landlord has noted. Have him sign the document so that if ever there are disputes later on, you can object. You have proof.

If I broke the lease agreement, can I still get my deposit back?

You would need to check your lease agreement first. What does it say about the security deposit in case you break the lease agreement? There are agreements that will still return the deposit after all the deductions and you will be charged separate for early termination penalty. But there are also security deposits that will be forfeited should you break the lease early.

I would immediately hire a lawyer if ever my landlord does not return my security deposit. It’s best to give him a lesson he would never forget.

Hiring a lawyer is costly. I would rather go with a low-cost alternative like mediation services first before anything else.

As far as hiring a lawyer is concerned, you need to go with someone who has a good reputation in handling tenant-landlord disputes. If you’ve already moved to another state, then that’s another story.,

Landlords who do not return their tenants’ security deposits should not be in the real estate industry. They do not even know the law well enough to operate legally.

That’s why you should always ask around first to know what that landlord is like before you sign any lease agreement. The internet offers a good source of information like reviwes and testimonials.

How do landlords determine normal wear and tear? This is a grey area. Shouldn’t a professional be hired to determine which is normal wear and tear?

Normal wear and tear would like fading in some areas of the carpet where the sun shines. It could be ueneven surfaces due to heavy foot traffic or the pain naturally chipping or fading due to age.

Correct. Anything that you didn?t do can be considered normal wear and tear. So if you damaged the property, have it documented and then have it repaired to the best that you can. If you let your landlord do the repair, it’ll be more costly.