Security deposits can be difficult to navigate for San Diego rental property owners. You’ll need to understand the laws that govern how they’re collected and returned, and you’ll also need to communicate with your tenants about what they need to do in order to receive their deposit back in full at the end of the lease term.
There is always room for error, unfortunately, and we’ve seen landlords and tenants make mistakes when it comes to the security deposit and what they expect.
Let’s take a look at what San Diego landlords and tenants need to know about the security deposit, specifically the return of the security deposit.
When you hold the security deposit, it’s important to remember that those funds still belong to the tenant. You cannot spend the deposit during the tenancy. It can only be accounted for at the end of the tenancy, when your move-out inspection has shown that there is damage beyond wear and tear for which your resident can be held accountable.
What can landlords claim against the security deposit?
Documentation is critical. A detailed and accurate move-in condition report can be compared against your move-out condition report, demonstrating where damage was done and what needs to be fixed. You should have pictures, notes, and potentially videos to help you decide what you’ll need to repair before your next tenant.
Return the deposit to your tenant within 21 days, in accordance with California security deposit law. Any deductions must be itemized in a letter that you send. Include receipts and invoices for the work that has been completed.
If there’s a dispute, take the time to talk with your resident. Show them your photos and documentation. Losing a security deposit case in court can be expensive. Make sure you can prove beyond any measure of doubt that you’re justified in your deductions.
Every tenant wants to receive a full refund of their security deposit. First, you need to understand that it’s incredibly rare to get your deposit back in full. There’s bound to be damage that you did not intend and repairs or replacements that are needed.
A full refund is not impossible, however. You can increase your chances of getting the full deposit back by taking good care of the home during the tenancy and following all the move-out instructions at the end of your lease term.
Cleaning is usually where landlords and tenants have disputes. Everyone has a different standard of cleanliness. Many tenants struggle to clean as well as their landlords expect them to. The best option is to professionally clean your property after you’ve moved out. If you don’t do it, your landlord will pay for professional cleaners, and that cost will be deducted from your deposit.
Take advantage of a pre-move out inspection with your landlord. This will give you some insight into what deductions from your deposit you might face. It gives you the opportunity to complete any repairs or address any cleaning issues before you move out and your landlord makes a determination about your security deposit.
We’re happy to work with landlords and tenants on a mutually satisfactory security deposit return and leasing experience. Please
contact us at Onyx Property Management if you have any security deposit questions.
Experienced San Diego property management professionals, Onyx Property Management serves the entire county, including San Diego, Chula Vista, Oceanside, Carlsbad, and the surrounding areas.
