San Francisco Security Deposits Attorney
Pacific Heights Rental Lease Lawyer
Under current California law, a security deposit for residential unfurnished property may only equal two times the rent. If the unit is furnished, the landlord may charge up to three times the rent as security deposit. Additionally, a landlord may not collect more than six months' rent in advance for a residential dwelling. Any amount that a landlord takes other than rent is a security deposit. A residential landlord may not collect a security deposit, cleaning fee, key deposit or any other funds that are deemed "unrefundable." Also, some cities, such as San Francisco, require landlords to pay annual interest on security deposits.
If a landlord does try to withhold a security deposit, there are certain laws that must be followed and tenant's rights that must be honored. At the Law Offices of James Coy Driscoll we can help you if you are having problems recovering your security deposit from a landlord. Contact us today to schedule a free telephone conversation regarding your problem.
When either the tenant gives 30 days written notice or the landlord gives 30 days (or 60 days, if the tenant has occupied the unit for more than a year) written notice of termination of tenancy then the landlord must offer the tenant a pre-move-out inspection. This gives the tenant the opportunity to correct deficiencies on the property before the security deposit is reduced to cure any problems. Often times, landlords will demand that professionals be brought in to correct a problem to meet the landlord's standards, but this is not something that can always be required.
After an inspection by a landlord a written explanation must also be provided giving notice to the tenant of any defects at the conclusion of the inspection. Claims by the landlord must be reasonable and confined to the unit. Once a tenant has vacated the property, the landlord has 21 days to refund the entire security deposit to the tenant. If the landlord withholds any of the security deposit, he must give the tenant written explanation in an itemized list detailing what they are withholding for, and why. They usually must also provide receipts and estimates for work. The landlord cannot make deductions from the security deposit for ordinary wear and tear on the unit that can be expected, based on the amount of time that the unit was occupied by the tenant.
Additionally, even in a foreclosure the purchaser may have a duty to refund the security deposit to the tenant when the tenant moves out.
If a tenant is moving out of the area and suspects that the landlord will try to withhold security deposit money because it will be harder for the tenant to contest it being withheld than if they were staying in the area, we can help you plan for this possibility. No matter what type of security deposit issue you are facing we can advise you of the best course of action. Our knowledgeable lawyer can help you understand tenant rights as well as the legal options available to you under the law.
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For a consultation regarding recovering a security deposit or other landlord-tenant matter, call (415) 673-6000 or contact us online [Link to Contact Us]. The initial telephone consultation is free of charge.