Many students will be ending their current leases in anticipation of another move within San Diego, or perhaps off to an exciting place for grad school or a job.
Here are some quick bits of information about security deposit refunds in California!
- California Civil Code Section 1950.5 lists the only four reasons why a landlord may keep a tenant's security deposit:
- for unpaid rent;
- for cleaning the rental unit to restore it back to the condition it was in when the tenant moved in;
- for repair of damages beyond normal wear and tear; and
- if the lease allows for it, for cost of restoring furniture or furnishings.
- Leases can never state that the security deposit is "non-refundable"!
- Within 21 calendar days of a tenant moving out, the landlord must send the tenant one of the following:
- the tenant's full refund, or
- an itemized statement listing amounts that will be withheld and the reasons for those deductions, along with the remaining deposit.
- Under Grandberry v. Islay Investments (1995) 9 Cal.4th 738, 745, the California Supreme Court held that the failure to provide a full refund or statement of deductions within 21 days makes the landlord lose his or her right to keep any of the security deposit.
As always, Student Legal Services is happy to meet with any currently-registered UC San Diego students seeking information or assistance in the return of their rental security deposits.
