Long Term Rental and Security Deposit in California (lease, tenant, renters)

[JessieCorpening]

Hi, my husband and I have been renters in the same house for 15 years. We have finally bought a house out of state and are moving out.


I know for a fact that nothing was new or freshly painted when I moved in. What in fact am I responsible for when I move out. My landlady (who is difficult at best) sent a list of expectations on leaving.


Floors - Sweep / clean / mop
Deep Clean carpet
Walls, baseboards, shelves, and cupboards
Kitchen - oven, counters cabinets, ceilings, and shelving
Bathrooms
Doors, windows, blinds, and window coverings
Front and back shrub, lawn areas maintained and cleared of weeds
Garages and sheds clean a dirt free.


While we have lived here she has done the bare minimum of maintenance on a home that was built in the 1920's. The blinds were old and brittle 15 years ago. The walls were not painted prior to my occupying the unit and the carpets were old then. The carpets are dirty, and there are spots as a result of normal wear, as I have lived here for 15 years, but not damaged. The blinds have been breaking off in bits and had been taped together in places by the previous tenants. I have been told that technically I don't need to deep clean we have lived in the house longer than the useful life of everything in it, is this correct? I do intend on leaving the house clean, as my mother raised me better than that. I'm thinking she will still try to withhold part of the deposit


Please help, I'm figuring that this will end up in small claims court.

[Parnassia]

What does your lease state about moving out? Your LL has given you a list of expectations, most of which seem reasonable regardless how long someone's lived in a place. Deep cleaning the carpet may be the exception...don't know CA landlord/tenant law (as it how long the useful life of carpet is or isn't) myself. As maintenance issues such as the deteriorating blinds came up do you have documentation of reporting those problems to her and her responses? FWIW, you can either follow the list or not. Document before and after cleaning. If you don't follow the list your LL may withhold your deposit. Use your documentation in small claims court if she does.

[adjusterjack]

What in fact am I responsible for when I move out.

Here is the CA Security Deposit statute Civil Code 1950.5:

https://leginfo.legislature.ca.gov/f...tionNum=1950.5.

You are responsible for the repair of damage, exclusive of wear and tear and the cleaning of the premises necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy.

You are also responsible for anything you were required to do that was addressed by your lease or rental agreement.

I'm thinking she will still try to withhold part of the deposit

Then your remedy is to sue her in small claims court for any amount that you believe (and can prove) was wrongly withheld.

[WorldKlas]

Be sure to take photos of how you left it and also a video tour to help defend yourself.

[kjg1963]

I'm curious on whether the blinds were just the cheapy plastic kind. I couldn't imagine living in a place for 15 years with blinds basically disintegrating and being held together by tape (by a previous tenant no less). It's probably not worth spending the money now that you are leaving but I'm surprised you didn't replace the blinds in the 15 years that you were there (if they were the cheap ones as it sounds like they are).

[oregonwoodsmoke]

The list seems completely reasonable to me. Dirt is not normal wear and tear. Dirt is housekeeping. You bring the dirt in, you take the dirt out with you when you leave.


That's your 15 years of dirt that you have tracked in onto the carpet. Why would you think it is OK to leave your dirt for someone else to clean up after you?


If you want your deposit back, clean the house, remove your dirt and grime, take good photos of how the house looks when you are completely out.

[TacoSoup]

Assuming you clean the place well, and there’s no damage you’re not mentioning, you’ll get all your deposit if you go to small claims court. In all honesty I doubt it would go that far as they know they would loose and wouldn’t want to waste their time going. If the threat doesn’t do it, go file and pay the $20 (or whatever it is now). I’ve been down this road and shared this with a few friends who ended up doing the same. We all got our deposits back, sometimes minus a BS cleaning fee, and never had to actually go to court. Good luck

[DrPibbs]

There are difficult landlords who will withhold deposit no matter how well you clean. I would prefer to do a walk through and arrive at an agreement to pay a professional cleaner. You don't want to work hard at cleaning and still be charged.