Landlord's Deduction and/or Claim Against A Security DepositA landlord's claim and/or deduction against a tenant's security deposit may be lawful if it is reasonably necessary for the following purposes:
- To compensate landlord for a default by tenant in the payment of rent.
- To repair damages to the premises caused by tenant or by guest or licensee of tenant, exclusive of ordinary wear and tear.
- To clean the premises to same level of cleanliness they were in at the commencement of tenancy.
- To remedy defaults by tenant in an obligation under the rental agreement to restore, replace, or return personal property or appurtenances.
- To remedy other defaults that the rental agreement specifies are subject to security.
In each situation, the circumstances need to be evaluated to determine whether landlord's the claim or deduction is reasonable.
Authority: CC $ 1950.5(b), (e) ; Kraus v. Trinity Management Services, Inc. (2000) 23 C4th 116, 141, 96 CR2d 485, 999 P2d 718