Getting Your Security Deposit Back

You decided to move out of your rental, but you need your security deposit back from your old rental to help you with your new rental. What are your rights?

What can be deducted from your deposit: Under Civil Code 1950.5(b), your deposit may be used by the landlord in an amount "reasonably necessary" to do these 4 things:

1. Cover any default in rent

2. Repair damage to the premises caused by you or your guests, except for "ordinary wear and tear"

3. To clean the premises, if necessary, to the level of cleanliness when your tenancy began (for rentals where your right to occupy began after 1/1/2003)

4. If the rental agreement allows, to pay for the tenant's failure to restore or replace the landlord's personal property (i.e. landlord supplies furnishing, refrigerator, etc.), exclusive of ordinary wear and tear.

Pre- Move-out Inspection: Under Civil Code 1950.5(f), you have the right to have your landlord do a pre-move-out inspection of your rental. This inspection must take place no sooner than two weeks before the end of your tenancy. You and your landlord should work out a date and time for the inspection, if possible. Your landlord then has to give you a written notice 48-hours prior to this pre-move-out inspection, which will include the date and time of the inspection. However, both sides can waive this notice requirement with a written waiver of that right.

You should be there for this inspection because it will allow you to see what repairs or cleaning your landlord intends to do on your rental after you move out. Your landlord then must give you an itemized statement of intended deductions from the security deposit. As the tenant, you have the right to repair and clean those issues yourself before moving out to try to get your full deposit back.

Final Inspection: After your leave, the landlord will conduct another inspection of your rental. They must again provide you with an itemized statement of deductions. This time within 21 days after you vacated. Also included with this statement must be copies of work receipts to clean the rental or make necessary repairs if those charges exceeded $125.

Take pictures and videos: It is a great idea to do a walkthrough yourself to capture the condition of your rental unit through pictures and/or video as close to or, preferably, on the move out date. Be sure to note the date and time you are taking the picture or video. For example, if you have a smartwatch that shows the date and time, you can include that in the picture or video. It's true that your cellphone will capture the date and time on its metadata. However, noting it yourself is one way to lay the foundation should your case go to small claims court and you want to use these pictures and videos as evidence.

Do make sure to capture the conditions of the walls and flooring as these are common locations where cleaning and repairs are needed.

#Security Deposit

# Moving Out