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.