Are there any laws governing the use of tenants' security deposits for repairs?
Yes, California law governs the use of tenant security deposits for repairs. Under California law, a tenant must provide a security deposit to the landlord when signing the lease or rental agreement. The tenant is generally entitled to the return of the security deposit, less any deductions for unpaid rent or damage the tenant caused, at the end of the tenancy. California law sets specific rules regarding when and how a landlord can use security deposits for repairs. Generally, landlords may only use security deposits to cover reasonable costs of repairs for damage beyond ordinary wear and tear that occurred during the tenancy and for which the tenant is responsible. However, landlords cannot use security deposits to cover normal wear and tear damage, such as minor scratches or dings, peeling paint, and faded carpet. If the landlord needs to use a tenant’s security deposit for repairs, they must provide the tenant with an itemized statement of damages and repairs as well as an itemized list of all deductions taken from the security deposit. The landlord must also provide the tenant with an opportunity to inspect the property before the repairs are made and inspect the completed repairs. If the landlord fails to comply with these requirements, the tenant may be entitled to an additional amount from the security deposit.
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