Unlawful Detainer and Breach of Contract lawsuit at the same time?

What Can A Landlord Do With A Security Deposit?

California law specifically allows the landlord to use a tenant’s security deposit for four purposes:

1. For unpaid rent;
2. For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;
3. For repair of damages, other than normal wear and tear, caused by the tenant or the tenant’s guests; and
4. If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.

A landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes. The security deposit cannot be used for repairing defects that existed in the unit before the tenant moved in, for conditions caused by normal wear and tear during the tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when the tenant moved in.

Keep in mind, a rental agreement or lease can never state that a security deposit is “nonrefundable.”

If you're interesting in learning more about landord-tenant issues, feel free to contact me at (530) 243-6000 or by email.

Legal Guide: Commercial Eviction 101

Douglas A. Wright published in December 2011 Oakland/East Bay BOMA Newsletter

I recently wrote an article for the December 2011 Oakland/East Bay BOMA newsletter about commercial evictions.  To read the article, please click here .

A special thank you goes to Tim Rayl at Simple Business Solutions for the help. 

If you have questions about residential or commercial evictions or the eviction process, please contact me at (530) 243-6000 or by email.

Don’t Be So Insecure About Your Security Deposit

How many times have you received little or nothing from your security deposit after you move out of a rental unit? If you can’t count on one hand, you’re not alone.
California law requires landlords provide a written itemization of deductions from your security deposit within 21 days of moving out.  Many landlords comply with this deadline but make deductions for improper reasons.  Some of the more egregious deductions I've seen include fuel surcharges, charges for cleaning outside screens, and charges for trimming rose bushes.  Each of these deductions were improper. 

Often, and what is worse, some landlords fail to provide any itemization whatsoever within the 21 days.  When this happens, the California Supreme Court has made it clear that the landlord forfeits the right to keep any portion of the security deposit and must refund the deposit in its entirety.  Small claims court is your best recourse.

If you're interesting in learning more about landord-tenant issues, feel free to contact me at (530) 243-6000 or by email.

Got Employees?

I’m sure you’re familiar with the slogan, Got Milk? Well, unlike milk, employee records and the California Labor Code can cause a real hangover for you and your business.

For instance, California law generally requires that an employer keep an employee’s records for no less than 2 years. (Cal. Labor Code §§ 1174 and 1174.5)

Likewise, failing to accurately record an employee’s wages on his or her paycheck stub also violates California law in most instances. (Cal. Labor Code § 226)

What does this mean to you?  Substantial liability. Failing to keep employee records can result in a $500 penalty and is a misdemeanor.  Failing to accurately record an employee's wages can be worse, with penalties of $50 for the first violation and $100 for each subsequent violation, which keeps adding up from there.

Each situation can be different so please contact me for further clarification as it relates to you and your circumstance.