What are the laws governing the return of a security deposit after a tenant moves out?

In California, when a tenant moves out of a rental home or apartment, the landlord is required to return the tenant’s security deposit within 21 days. The landlord must provide an itemized list of deductions from the deposit if any deductions were taken, such as for unpaid rent or to repair any property damage. If all or part of the deposit is withheld due to damage to the property, the tenant must be notified in writing within 21 days of the tenant’s move-out date. The law requires that the tenant’s security deposit be returned in full, no matter the amount of money taken out for repairs. Any deductions made due to damage must be reasonable and documented with valid costs. For example, if the tenant damages a wall, the landlord can’t charge the full cost of replacing the wall but could charge the tenant for the cost of painting. Additionally, the landlord cannot take the security deposit to cover any of the tenant’s outstanding rent payments. If a tenant has an unpaid rent balance at the end of the tenancy, the landlord must file a claim in small claims court to receive payment for the outstanding rent. All disputes over security deposits must be resolved through arbitration or court action. In conclusion, California landlord-tenant laws stipulate that any deductions taken from a tenant security deposit must be reasonable and documented, and that any unpaid rent must be sought through legal action. The security deposit must also be returned to the tenant within 21 days of the tenant’s move-out date.

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What are the laws governing the return of a security deposit after a tenant moves out?

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