Question: I have heard five different answers from five different people. Please, tell me what I can legally deduct from my tenant’s security deposit.
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: Rights and obligations regarding a residential tenants’ security deposit are governed by California Civil Code Section 1950.5. It is clear that you can use the deposit at least for cleaning, delinquent rent and damages above ordinary wear and tear. What is considered ordinary “wear and tear” is subject to a variety of opinions by judges. In order to convince a court that the damages were extraordinary, check-in and check-out records of the condition of the apartment, pictures, receipts and opinions from those who did the work make the job of determining ordinary wear and tear easier for the court to decide.
Question: I have filed an eviction against one of my residents for failing to pay rent for the last two months. I served the notice on a Saturday and someone said I had to serve it on a business day. Are they right?
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