Recent Changes for "Tenant Rights" - Davis Wiki

Tenant Rights

MichellePalmer — 2008-08-29 14:17:49

(quick edit)

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- ''2008-08-29 15:16:49'' [[nbsp]] a little more detail on an issue I encountered --["Users/MichellePalmer"]

Tenant Rights

MichellePalmer — 2008-08-29 14:17:29

a little more detail on an issue i encountered.

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- Under [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. Hopefully you've documented the move-in condition of the apartment, preferably with photos that you can prove were taken at the time of move in, e.g., by giving the landlord prints.	+ Under [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. + * This is explained further by the [http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml#rulesgoverningsecuritydeposits Department of Consumer Affairs]. Even if the deposit is broken down into separate types, ie. "Pet Deposit" and "Security Deposit", the total amount may not exceed the amounts listed above. This can be a crucial detail when paying pet deposits per animal on top of the usual security deposit. $500 per pet can quickly add up to be well in excess of the 2x or 3x monthly rent rule. + + Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. Hopefully you've documented the move-in condition of the apartment, preferably with photos that you can prove were taken at the time of move in, e.g., by giving the landlord prints.

Tenant Rights

MichellePalmer — 2008-08-29 14:16:49

Comment added.

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	+ ------ + ''2008-08-29 15:16:49'' [[nbsp]] a little more detail on an issue I encountered --["Users/MichellePalmer"]

Tenant Rights

PhilipNeustrom — 2008-08-22 20:16:29

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- Late "penalty" is not allowed. In theory, the fee could be low enough where it would be enforceable in court. Most often it's not. Liquidated damages clauses of contracts are generally seen as unenforceable. This is because the landlord's recourse is to sue you for the amount they think you owe, and in order to win that amount in court they would need to demonstrate actual damages equal to that amount. That's how the logic goes, at least. I am not a lawyer, but I have in the past been given advice, by two lawyers, to not pay a $150 late fine for rent that was a single day late. --["Users/PhilipNeustrom"]	+ In theory, the fee could be low enough where it would be enforceable in court. Most often it's not. Liquidated damages clauses of contracts are generally seen as unenforceable. This is because the landlord's recourse is to sue you for the amount they think you owe, and in order to win that amount in court they would need to demonstrate actual damages equal to that amount. That's how the logic goes, at least. I am not a lawyer, but I have in the past been given advice, by two lawyers, to not pay a $150 late fine for rent that was a single day late. --["Users/PhilipNeustrom"]

Tenant Rights

PhilipNeustrom — 2008-08-22 20:14:18

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- Late "penalty" is not allowed. In theory, the fee could be low enough where it would be enforceable in court. Most often it's not. Liquidated damages clauses of contracts are generally seen as unenforceable. This is because the landlord's recourse be to sue you for the amount they think you owe, and in order to win that amount in court they would need to demonstrate actual damages equal to that amount. That's how the logic goes, at least. I am not a lawyer, but I have in the past been given advice, by two lawyers, to not pay a $150 late fine for rent that was a single day late. --["Users/PhilipNeustrom"]	+ Late "penalty" is not allowed. In theory, the fee could be low enough where it would be enforceable in court. Most often it's not. Liquidated damages clauses of contracts are generally seen as unenforceable. This is because the landlord's recourse is to sue you for the amount they think you owe, and in order to win that amount in court they would need to demonstrate actual damages equal to that amount. That's how the logic goes, at least. I am not a lawyer, but I have in the past been given advice, by two lawyers, to not pay a $150 late fine for rent that was a single day late. --["Users/PhilipNeustrom"]

Tenant Rights

PhilipNeustrom — 2008-08-22 20:13:45

reply to late fine question

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	+ + Late "penalty" is not allowed. In theory, the fee could be low enough where it would be enforceable in court. Most often it's not. Liquidated damages clauses of contracts are generally seen as unenforceable. This is because the landlord's recourse be to sue you for the amount they think you owe, and in order to win that amount in court they would need to demonstrate actual damages equal to that amount. That's how the logic goes, at least. I am not a lawyer, but I have in the past been given advice, by two lawyers, to not pay a $150 late fine for rent that was a single day late. --["Users/PhilipNeustrom"] +

Tenant Rights

RachelPeters — 2008-08-22 00:51:13

fixed assessor's link and fixed some spelling while I was at it.

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- * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/org/assessor/ Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspondance letters...etc. - * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for proof of enrollment.	+ * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/Index.aspx?page=337 Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspondence letters...etc. + * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appointment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for proof of enrollment.

Tenant Rights

AmyChow — 2008-08-21 22:30:02

Comment added.

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	+ ------ + ''2008-08-21 23:30:02'' [[nbsp]] That's unfortunate. I'd probably support that proposal... Also, the Yolo County Assessor's link is broken. --["Users/AmyChow"]

Tenant Rights

RachelPeters — 2008-08-13 21:19:28

another link update

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- Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. Hopefully you've documented the move-in condition of the apartment, preferably with photos that you can prove were taken at the time of move in, e.g., by giving the landlord prints.	+ Under [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. Hopefully you've documented the move-in condition of the apartment, preferably with photos that you can prove were taken at the time of move in, e.g., by giving the landlord prints.

Tenant Rights

RealDavisite — 2008-01-29 22:32:03

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- * [http://www.caanet.org California Apartments Association Web Site]: Renters Rights information: New Renters should consider watching this video and read the brochure it is full of great information.	+ * [http://www.caanet.org California Apartments Association Web Site]: Renters Rights information: New Renters should consider watching this video and read the brochure it is full of great information.

Tenant Rights

RealDavisite — 2008-01-29 22:31:31

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- * [http://www.caanet.org California Apartments Association Web Site]: Renters Rights information: New Renters should watch this video and read the brochure it is full of great information.	+ * [http://www.caanet.org California Apartments Association Web Site]: Renters Rights information: New Renters should consider watching this video and read the brochure it is full of great information.

Tenant Rights

RealDavisite — 2008-01-29 22:31:06

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- * [http://www.caanet.org/AM/Template.cfmSection=Overview&Template=/TaggedPage/TaggedPageDisplay.cfm&TPLID=52&ContentID=15373] : Renters Rights information: New Renters should watch this video and read the brochure it is full of great information.	+ * [http://www.caanet.org California Apartments Association Web Site]: Renters Rights information: New Renters should watch this video and read the brochure it is full of great information.

Tenant Rights

RealDavisite — 2008-01-29 22:27:54

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	+ + * [http://www.caanet.org/AM/Template.cfmSection=Overview&Template=/TaggedPage/TaggedPageDisplay.cfm&TPLID=52&ContentID=15373] : Renters Rights information: New Renters should watch this video and read the brochure it is full of great information.

Tenant Rights

BrentLaabs — 2007-10-25 11:54:31

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- The law expressly prohibits any money paid to secure the tenant's performance under the lease from being non-refundable. Sometimes landlords try to circumvent that law by labeling the money under other name, like rental fee or preparation charge or cleaning fee. Many leases still include such non-refundability terms, even though void. Landlords get to keep thousands of dollars for every few hundred they have to return to a tenant who catches them. There is no criminal punishment under the law for landlords who commit such embezzlement, or attempt to so defraud their tenants by keeping the non-refundable language in.	+ The law expressly prohibits any money paid to secure the tenant's performance under the lease from being non-refundable. Sometimes landlords try to circumvent that law by labeling the money under another name, like rental fee or preparation charge or cleaning fee. Many leases still include such non-refundability terms, even though void. Landlords get to keep thousands of dollars for every few hundred they have to return to a tenant who catches them. There is no criminal punishment under the law for landlords who commit such embezzlement, or attempt to so defraud their tenants by keeping the non-refundable language in.

Tenant Rights

JabberWokky — 2007-09-28 09:05:20

Threaded

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- ------ - ''2007-09-28 09:59:09'' [[nbsp]] I believe he did not have majority support. --["Users/JamesSchwab"]	+ * ''2007-09-28 09:59:09'' [[nbsp]] I believe he did not have majority support. --["Users/JamesSchwab"]

Tenant Rights

JamesSchwab — 2007-09-28 08:59:09

Comment added.

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	+ ------ + ''2007-09-28 09:59:09'' [[nbsp]] I believe he did not have majority support. --["Users/JamesSchwab"]

Tenant Rights

Graham.Freeman — 2007-09-28 00:04:17

Comment added.

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	+ ------ + ''2007-09-28 01:04:17'' [[nbsp]] What ever happened with Haystek's proposal last year? --["Users/Graham.Freeman"]

Tenant Rights

RachelPeters — 2007-09-27 23:48:15

whoops...typo

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- * [http://www.dca.ca.gov/publications/landlordbook/evictions.htm Learn about Eviction] from the California Department of Consumer Affairs.	+ * [http://www.dca.ca.gov/publications/landlordbook/evictions.shtml Learn about Eviction] from the California Department of Consumer Affairs.

Tenant Rights

RachelPeters — 2007-09-27 23:46:56

updating links

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- * [http://www.dca.ca.gov/legal/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]: A handbook from the California Department of Consumer Affairs.	+ * [http://www.dca.ca.gov/publications/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]: A handbook from the California Department of Consumer Affairs.
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- * [http://www.dca.ca.gov/legal/landlordbook/evictions.htm Learn about Eviction] from the California Department of Consumer Affairs.	+ * [http://www.dca.ca.gov/publications/landlordbook/evictions.htm Learn about Eviction] from the California Department of Consumer Affairs.

Tenant Rights

EdWins — 2007-08-24 22:45:06

minus a very dated comment.

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- -------- - ["Lois Wolk"] is set to vote the wrong way on [http://www.aroundthecapitol.com/Bills/AB_1169 AB 1169]. It is a bill that forces landlords to give good tenants 60 day notice instead of 30 day notice when booting them out for no reason caused by the renter. - - The vote is tomorrow, 22 August, 2006. Tell Lois to vote "yes" on the bill. As it stands, she will vote "no." There is no reason why we cannot flip her. In order to do so, she needs to hear from renters. Deluging Lois Wolk's office with phone calls and emails is also a good idea. - - Phone: (916) 319-2008 - Email: [[Mailto(assemblymember DOT wolk AT assembly DOT ca DOT gov)]] - -["JimSchwab"]

Tenant Rights

CraigBrozinsky — 2007-03-26 21:18:20

photo top for security deposit

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- Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up.	+ Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. Hopefully you've documented the move-in condition of the apartment, preferably with photos that you can prove were taken at the time of move in, e.g., by giving the landlord prints.

Tenant Rights

AaGg — 2006-08-23 17:46:28

Comment added.

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	+ ------ + ''2006-08-23 18:46:28'' [[nbsp]] So, the pdf under the General Information link at the top, on page 28, says that landlords can charge late fees. Which is right? --["AaGg"]

Tenant Rights

JasonAller — 2006-08-21 18:45:08

links

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- Lois Wolk is set to vote the wrong way on [http://www.aroundthecapitol.com/Bills/AB_1169 AB 1169]. It is a bill that forces landlords to give good tenants 60 day notice instead of 30 day notice when booting them out for no reason caused by the renter.	+ ["Lois Wolk"] is set to vote the wrong way on [http://www.aroundthecapitol.com/Bills/AB_1169 AB 1169]. It is a bill that forces landlords to give good tenants 60 day notice instead of 30 day notice when booting them out for no reason caused by the renter.
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- The vote is tomorrow, 22 August. Tell Lois to vote "yes" on the bill. As it stands, she will vote "no." There is no reason why we cannot flip her. In order to do so, she needs to hear from renters. Deluging Lois Wolk's office with phone calls and emails is also a good idea.	+ The vote is tomorrow, 22 August, 2006. Tell Lois to vote "yes" on the bill. As it stands, she will vote "no." There is no reason why we cannot flip her. In order to do so, she needs to hear from renters. Deluging Lois Wolk's office with phone calls and emails is also a good idea.
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- Email: Assemblymember.Wolk@assembly.ca.gov	+ Email: [[Mailto(assemblymember DOT wolk AT assembly DOT ca DOT gov)]]

Tenant Rights

JamesSchwab — 2006-08-21 15:36:02

Read it, call her and email her

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	+ -------- + Lois Wolk is set to vote the wrong way on [http://www.aroundthecapitol.com/Bills/AB_1169 AB 1169]. It is a bill that forces landlords to give good tenants 60 day notice instead of 30 day notice when booting them out for no reason caused by the renter. + + The vote is tomorrow, 22 August. Tell Lois to vote "yes" on the bill. As it stands, she will vote "no." There is no reason why we cannot flip her. In order to do so, she needs to hear from renters. Deluging Lois Wolk's office with phone calls and emails is also a good idea. + + Phone: (916) 319-2008 + Email: Assemblymember.Wolk@assembly.ca.gov + -["JimSchwab"]

Tenant Rights

CraigBrozinsky — 2006-08-17 14:29:30

moved lamar's thing to the bottom

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	+ [[TableOfContents]] + + =General Information= + + * [http://www.dca.ca.gov/legal/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]: A handbook from the California Department of Consumer Affairs. + + =Habitability and Repairs= + + * [http://www.caltenantlaw.com/Habitability.htm Uninhabitable Conditions]: Free online legal advice. + + =Eviction= + + * [http://www.caltenantlaw.com/Eviction.htm Eviction] advice from a free legal advice website. + * [http://www.dca.ca.gov/legal/landlordbook/evictions.htm Learn about Eviction] from the California Department of Consumer Affairs. + =Leases= + + * [http://www.caltenantlaw.com/breaklease.htm Breaking the Lease] + * [http://chl.ucdavis.edu/forms.cfm Davis Model Lease]: The Davis Model is a standardized Landlord-Tenant lease agreement for rental property. You may use it to substitute the property company or landlord's lease. + + =Security Deposits= + + Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. + + The law expressly prohibits any money paid to secure the tenant's performance under the lease from being non-refundable. Sometimes landlords try to circumvent that law by labeling the money under other name, like rental fee or preparation charge or cleaning fee. Many leases still include such non-refundability terms, even though void. Landlords get to keep thousands of dollars for every few hundred they have to return to a tenant who catches them. There is no criminal punishment under the law for landlords who commit such embezzlement, or attempt to so defraud their tenants by keeping the non-refundable language in. + + If the landlord fails to return the security deposit, your remedy is to sue him or her in [http://www.yolocourts.com/smallclaims.html small claims court]. Make your demand letter clear, explaining which deductions were improper and why, and keep a copy for court. Sue not only for the amount that you paid, but for statutory damages and interest for the landlord's bad faith retention of the security deposit. You can get your money back and then some, if the judge agrees, up to twice the amount of the deposit for "bad faith" retention. The non-refundable provision is strong evidence of the landlord's bad faith. + + ''See also ["Security Deposit Survey"] and ["Housing Guide"].'' + + =Late Fees= + + Late fees are illegal. The law regarding residential late fees is almost 30 years old. In 1978, Civil Code 1671 was amended to outlaw virtually all late fees in residential rental agreements. The problem is that it did not use the word "late fees," but instead used the technical legal generic term "liquidated damages," which would functionally include a late fee by its meaning. In the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] it was decided for the first time, by an appellate court which identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. If the landlord puts them in, your signing the agreement does not waive your rights to not pay them, get them back if you did, or sue the landlord for trying to get them. + + §1671. Validity of Liquidated Damages Provisions + + (a) This section does not apply in any case where another statute expressly applicable to the contract prescribes the rules or standard for determining the validity of a provision in the contract liquidating the damages for the breach of the contract. + + (b) Except as provided in subdivision (c), a provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made. + (c) The validity of a liquidated damages provision shall be determined under subdivision (d) and not under subdivision (b) where the liquidated damages are sought to be recovered from either: + + (1) A party to a contract for the retail purchase, or rental, by such party of personal property or services, primarily for the party's personal, family, or household purposes; or + + (2) A party to a lease of real property for use as a dwelling by the party or those dependent upon the party for support. + + (d) In the cases described in subdivision (c), a provision in a contract liquidating damages for the breach of the contract is void except that the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. + + =Legal Advice= + * Taking your case to ["Small Claims Court"]? + * For advice on filing a smalls claims court case, call Yolo County ["Small Claims Court"] advisor ["Natalie Wormeli"] at (530) 758-1927 + * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/org/assessor/ Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspondance letters...etc. + * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for proof of enrollment. +
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- This is a proposal from ["Davis City Council"] candidate [http://www.friendsoflamar.org/ Lamar Heystek] on the floor of the ASUCD Senate on Thursday, April 6, 2006. He wants anyone who has suggestions to offer them, or even add them to the bill -- this is supposed to be a fluid document.	+ The following is a proposal from ["Davis City Council"] candidate [http://www.friendsoflamar.org/ Lamar Heystek] on the floor of the ASUCD Senate on Thursday, April 6, 2006. He wants anyone who has suggestions to offer them, or even add them to the bill -- this is supposed to be a fluid document.
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- = =
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- - ----- - - ''not sure how to quite organize or put this page together but the issue of renter's rights seems to always be a hot topic.'' - - ==General Information== - - * [http://www.dca.ca.gov/legal/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]: A handbook from the California Department of Consumer Affairs. - - ==Habitability and Repairs== - - * [http://www.caltenantlaw.com/Habitability.htm Uninhabitable Conditions]: Free online legal advice. - - ==Eviction== - - * [http://www.caltenantlaw.com/Eviction.htm Eviction] advice from a free legal advice website. - * [http://www.dca.ca.gov/legal/landlordbook/evictions.htm Learn about Eviction] from the California Department of Consumer Affairs. - ==Leases== - - * [http://www.caltenantlaw.com/breaklease.htm Breaking the Lease] - * [http://chl.ucdavis.edu/forms.cfm Davis Model Lease]: The Davis Model is a standardized Landlord-Tenant lease agreement for rental property. You may use it to substitute the property company or landlord's lease. - - ==Security Deposits== - - Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. - - The law expressly prohibits any money paid to secure the tenant's performance under the lease from being non-refundable. Sometimes landlords try to circumvent that law by labeling the money under other name, like rental fee or preparation charge or cleaning fee. Many leases still include such non-refundability terms, even though void. Landlords get to keep thousands of dollars for every few hundred they have to return to a tenant who catches them. There is no criminal punishment under the law for landlords who commit such embezzlement, or attempt to so defraud their tenants by keeping the non-refundable language in. - - If the landlord fails to return the security deposit, your remedy is to sue him or her in [http://www.yolocourts.com/smallclaims.html small claims court]. Make your demand letter clear, explaining which deductions were improper and why, and keep a copy for court. Sue not only for the amount that you paid, but for statutory damages and interest for the landlord's bad faith retention of the security deposit. You can get your money back and then some, if the judge agrees, up to twice the amount of the deposit for "bad faith" retention. The non-refundable provision is strong evidence of the landlord's bad faith. - - ==Late Fees== - - Late fees are illegal. The law regarding residential late fees is almost 30 years old. In 1978, Civil Code 1671 was amended to outlaw virtually all late fees in residential rental agreements. The problem is that it did not use the word "late fees," but instead used the technical legal generic term "liquidated damages," which would functionally include a late fee by its meaning. In the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] it was decided for the first time, by an appellate court which identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. If the landlord puts them in, your signing the agreement does not waive your rights to not pay them, get them back if you did, or sue the landlord for trying to get them. - - §1671. Validity of Liquidated Damages Provisions - - (a) This section does not apply in any case where another statute expressly applicable to the contract prescribes the rules or standard for determining the validity of a provision in the contract liquidating the damages for the breach of the contract. - - (b) Except as provided in subdivision (c), a provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made. - (c) The validity of a liquidated damages provision shall be determined under subdivision (d) and not under subdivision (b) where the liquidated damages are sought to be recovered from either: - - (1) A party to a contract for the retail purchase, or rental, by such party of personal property or services, primarily for the party's personal, family, or household purposes; or - - (2) A party to a lease of real property for use as a dwelling by the party or those dependent upon the party for support. - - (d) In the cases described in subdivision (c), a provision in a contract liquidating damages for the breach of the contract is void except that the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. - - ==Legal Advice== - * Taking your case to ["Small Claims Court"]? - * For advice on filing a smalls claims court case, call Yolo County ["Small Claims Court"] advisor ["Natalie Wormeli"] at (530) 758-1927 - * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/org/assessor/ Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspondance letters...etc. - * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for proof of enrollment.

Tenant Rights

JamesSchwab — 2006-08-17 13:27:49

Differences for Tenant Rights

Deletions are marked with - .	Additions are marked with +.
Line 81:	Line 81:
- - * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor ["Natalie Wormeli"] at (530) 758-1927	+ * Taking your case to ["Small Claims Court"]? + * For advice on filing a smalls claims court case, call Yolo County ["Small Claims Court"] advisor ["Natalie Wormeli"] at (530) 758-1927 + * Relevant information you will need: the name of the property owner (different from property manager) which you can find at the [http://www.yolocounty.org/org/assessor/ Yolo County Assessor's] office. You will also need all paperwork from your rental agreement such as, lease, receipts for repairs, correspondance letters...etc.

Tenant Rights

JamesSchwab — 2006-08-16 18:48:43

now its correct

Differences for Tenant Rights

Deletions are marked with - .	Additions are marked with +.
Line 82:	Line 82:
- * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor ["Natalie Wormeli"] at (530) 759-8270	+ * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor ["Natalie Wormeli"] at (530) 758-1927

Tenant Rights

JamesSchwab — 2006-08-16 18:22:33

Differences for Tenant Rights

Deletions are marked with - .	Additions are marked with +.
Line 82:	Line 82:
- * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor ["Natalie Wormeli"] at (530) 756-1900	+ * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor ["Natalie Wormeli"] at (530) 759-8270

Tenant Rights

JustinCummins — 2006-06-05 14:58:11

bad character removal

Differences for Tenant Rights

Deletions are marked with - .	Additions are marked with +.
Line 16:	Line 16:
- - The rental property owners or his/her agent(s) shall post for tenants public viewing or otherwise make available to all tenants paper-based copies of California Tenants - A Guide to Residential Tenants and Landlords Rights and Responsibilities.
Line 19:	Line 17:
- '''FREEDOM OF SPEECH.''' The rental property owner and/or his/her agent(s) shall not prohibit a tenant from posting or displaying in the window or on the door of the premises leased by the tenant in a multifamily dwelling, or from the yard, window, door, balcony, or outside wall of the premises leased by a tenant of a single-family dwelling noncommercial signs, posters, flags, or banners, unless the posting or display would violate a local, state or federal law.	+ The rental property owners or his/her agent(s) shall post for tenants' public viewing or otherwise make available to all tenants paper-based copies of California Tenants - A Guide to Residential Tenants and Landlords Rights and Responsibilities. + + '''FREEDOM OF SPEECH.''' The rental property owner and/or his/her agent(s) shall not prohibit a tenant from posting or displaying in the window or on the door of the premises leased by the tenant in a multifamily dwelling, or from the yard, window, door, balcony, or outside wall of the premises leased by a tenant of a single-family dwelling noncommercial signs, posters, flags, or banners, unless the posting or display would violate a local, state or federal law.
Line 25:	Line 25:
- '''TIMELY RETURN OF SECURITY DEPOSIT WITH INTEREST.''' A tenant shall be entitled to the return of any security deposit that may have been collected by the rental property owner and/or his/her agent(s), plus interest in the amount of five (5) percent per annum, and a good faith accounting of any charges against that deposit within 21 days after the rental residence has been vacated. The bad-faith retention of the security deposit may subject the rental property owner to liability, per California Civil Code 1950.5, for the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit, as a bad faith penalty, in addition to any actual damages.	+ '''TIMELY RETURN OF SECURITY DEPOSIT WITH INTEREST.''' A tenant shall be entitled to the return of any security deposit that may have been collected by the rental property owner and/or his/her agent(s), plus interest in the amount of five (5) percent per annum, and a good faith accounting of any charges against that deposit within 21 days after the rental residence has been vacated. The bad-faith retention of the security deposit may subject the rental property owner to liability, per California Civil Code 1950.5, for the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit, as a bad faith penalty, in addition to any actual damages.
Line 29:	Line 29:
- '''TAXES, BONDS AND OTHER ASSESSMENTS.''' The rental property owner shall inform tenants in writing of any parcel taxes, bonds and any other assessments imposed on the rental property or its residents by government jurisdictions, even though tenants are not directly liable for payment.	+ '''TAXES, BONDS AND OTHER ASSESSMENTS.''' The rental property owner shall inform tenants in writing of any parcel taxes, bonds and any other assessments imposed on the rental property or its residents by government jurisdictions, even though tenants are not directly liable for payment.
Line 51:	Line 51:
-	+
Line 57:	Line 57:
- Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an - unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days - after you leave the unit, the landlord must refund your full deposit, except for limited deductions - which must be itemized in a accompanying notice. The landlord may only deduct from your security - deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair - damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up.	+ Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions which must be itemized in a accompanying notice. The landlord may only deduct from your security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up.
Line 66:	Line 61:
- If the landlord fails to return the security deposit, your remedy is to sue him or her in [http://www.yolocourts.com/smallclaims.html small claims court]. - Make your demand letter clear, explaining which deductions were improper and why, and keep a copy for court. Sue not only for the amount that you paid, but for statutory damages and interest for the landlord's bad faith retention of the security deposit. You can get your money back and then some, if the judge agrees, up to twice the amount of the deposit for "bad faith" retention. The non-refundable provision is strong evidence of the landlord's bad faith.	+ If the landlord fails to return the security deposit, your remedy is to sue him or her in [http://www.yolocourts.com/smallclaims.html small claims court]. Make your demand letter clear, explaining which deductions were improper and why, and keep a copy for court. Sue not only for the amount that you paid, but for statutory damages and interest for the landlord's bad faith retention of the security deposit. You can get your money back and then some, if the judge agrees, up to twice the amount of the deposit for "bad faith" retention. The non-refundable provision is strong evidence of the landlord's bad faith.
Line 71:	Line 65:
- Late fees are illegal. The law regarding residential late fees is almost 30 years old. In 1978, Civil Code 1671 was amended to outlaw virtually all late fees in residential rental agreements. The problem is that it did not use the word "late fees," but instead used the technical legal generic term "liquidated damages," which would functionally include a late fee by its meaning. In the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] it was decided for the first time, by an appellate court which identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. If the landlord puts them in, your signing the agreement does not waive your rights to not pay them, get them back if you did, or sue the landlord for trying to get them.	+ Late fees are illegal. The law regarding residential late fees is almost 30 years old. In 1978, Civil Code 1671 was amended to outlaw virtually all late fees in residential rental agreements. The problem is that it did not use the word "late fees," but instead used the technical legal generic term "liquidated damages," which would functionally include a late fee by its meaning. In the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] it was decided for the first time, by an appellate court which identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. If the landlord puts them in, your signing the agreement does not waive your rights to not pay them, get them back if you did, or sue the landlord for trying to get them.

Tenant Rights

PhilipNeustrom — 2006-04-06 22:20:34

used * to make bullets -- minor

Differences for Tenant Rights

Deletions are marked with - .	Additions are marked with +.
Line 8:	Line 8:
- The right to be treated fairly and equitably when applying for, living in, and vacating a rental residence;
Line 10:	Line 9:
- The right to be given notice prior to any entrance into a rental residence by a rental property owner or manager, except in an emergency;	+ * The right to be treated fairly and equitably when applying for, living in, and vacating a rental residence;
Line 12:	Line 11:
- The right, upon written request to the rental property owner or manager, to a prompt response to requests for repairs;	+ * The right to be given notice prior to any entrance into a rental residence by a rental property owner or manager, except in an emergency;
Line 14:	Line 13:
- The right to a written notice from the rental property owner or manager prior to any rent adjustment;	+ * The right, upon written request to the rental property owner or manager, to a prompt response to requests for repairs; + + * The right to a written notice from the rental property owner or manager prior to any rent adjustment;

Tenant Rights

BrentLaabs — 2006-04-06 21:06:30

Suggestions wanted for a Davis Renters rights bill by Heystek -- please add

Differences for Tenant Rights

Deletions are marked with - .	Additions are marked with +.
Line 1:	Line 1:
- = Proposed by Davis City Council candidate [[http://www.friendsoflamar.org/] Lamar Heystek] on the floor of the ASUCD Senate on Thursday, April 6, 2006: =	+ = Proposed Tenant Rights bill by Heystek = + This is a proposal from ["Davis City Council"] candidate [http://www.friendsoflamar.org/ Lamar Heystek] on the floor of the ASUCD Senate on Thursday, April 6, 2006. He wants anyone who has suggestions to offer them, or even add them to the bill -- this is supposed to be a fluid document.
Line 3:	Line 4:
-	+ = =
Line 87:	Line 88:
- * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for prooff of enrollment.	+ * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for proof of enrollment.

Tenant Rights

LamarHeystek — 2006-04-06 13:51:21

Differences for Tenant Rights

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Line 1:	Line 1:
	+ = Proposed by Davis City Council candidate [[http://www.friendsoflamar.org/] Lamar Heystek] on the floor of the ASUCD Senate on Thursday, April 6, 2006: = + + + The City Council of the City of Davis hereby ordains the following: + + '''BASIC RIGHTS.''' The City of Davis shall protect and defend the rights of renters as provided by local, state and federal law. These rights include, but are not limited to, the following: + The right to be treated fairly and equitably when applying for, living in, and vacating a rental residence; + + The right to be given notice prior to any entrance into a rental residence by a rental property owner or manager, except in an emergency; + + The right, upon written request to the rental property owner or manager, to a prompt response to requests for repairs; + + The right to a written notice from the rental property owner or manager prior to any rent adjustment; + + The rental property owners or his/her agent(s) shall post for tenants public viewing or otherwise make available to all tenants paper-based copies of California Tenants - A Guide to Residential Tenants and Landlords Rights and Responsibilities. + + '''FREEDOM OF SPEECH.''' The rental property owner and/or his/her agent(s) shall not prohibit a tenant from posting or displaying in the window or on the door of the premises leased by the tenant in a multifamily dwelling, or from the yard, window, door, balcony, or outside wall of the premises leased by a tenant of a single-family dwelling noncommercial signs, posters, flags, or banners, unless the posting or display would violate a local, state or federal law. + + '''CODE COMPLIANCE.''' Rental property owners and/or their agent(s) shall post for public viewing or otherwise make available to all tenants the Web address for accessing the City of Davis Municipal Code, information on reporting a code compliance violation, and information on initiating an investigation thereof. + + The City of Davis shall, within one (1) year of adoption of this ordinance, assess existing code compliance measures and determine whether additional resources should be allocated for the purposes of code compliance. + + '''TIMELY RETURN OF SECURITY DEPOSIT WITH INTEREST.''' A tenant shall be entitled to the return of any security deposit that may have been collected by the rental property owner and/or his/her agent(s), plus interest in the amount of five (5) percent per annum, and a good faith accounting of any charges against that deposit within 21 days after the rental residence has been vacated. The bad-faith retention of the security deposit may subject the rental property owner to liability, per California Civil Code 1950.5, for the amount of the improperly withheld deposit, plus up to twice the amount of the security deposit, as a bad faith penalty, in addition to any actual damages. + + '''LEASE RENEWAL PERIOD.''' The rental property owner is not required to renew an existing lease at the end of the term. After furnishing the renter with the terms of the new lease, the owner and or his/her agent(s) may request the renter to sign an Option to Lease at any time. The owner or his/her agent(s) may not, however, require the renter to sign a renewal lease prior to one hundred (100) days before commencement of the lease. + + '''TAXES, BONDS AND OTHER ASSESSMENTS.''' The rental property owner shall inform tenants in writing of any parcel taxes, bonds and any other assessments imposed on the rental property or its residents by government jurisdictions, even though tenants are not directly liable for payment. + + '''PERIODIC REVIEW OF RIGHTS.''' The City of Davis shall direct the City-UCD Student Liaison Commission to review the aforementioned rights on a yearly basis, proposing appropriate additions and other changes as necessary. + + + ----- +

Tenant Rights

PhilipNeustrom — 2006-03-16 16:16:34

minor

Differences for Tenant Rights

Deletions are marked with - .	Additions are marked with +.
Line 1:	Line 1:
- '''Nnot sure how to quite organize or put this page together but the issue of renter's rights seems to always be a hot topic.'''	+ ''not sure how to quite organize or put this page together but the issue of renter's rights seems to always be a hot topic.''

Tenant Rights

ArlenAbraham — 2006-03-16 13:55:16

wormeli on the wiki

Differences for Tenant Rights

Deletions are marked with - .	Additions are marked with +.
Line 53:	Line 53:
- * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor Natalie Wormeli at (530) 756-1900	+ * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor ["Natalie Wormeli"] at (530) 756-1900

Tenant Rights

JamesSchwab — 2006-03-16 10:04:40

Differences for Tenant Rights

Deletions are marked with - .	Additions are marked with +.
Line 5:	Line 5:
- * [http://www.dca.ca.gov/legal/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]	+ * [http://www.dca.ca.gov/legal/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities]: A handbook from the California Department of Consumer Affairs.
Line 9:	Line 9:
- * [http://www.caltenantlaw.com/Habitability.htm Uninhabitable Conditions]	+ * [http://www.caltenantlaw.com/Habitability.htm Uninhabitable Conditions]: Free online legal advice.
Line 14:	Line 14:
- * [http://www.dca.ca.gov/legal/landlordbook/evictions.htm Learn about Eviction] from teh California Department of Consumer Affairs.	+ * [http://www.dca.ca.gov/legal/landlordbook/evictions.htm Learn about Eviction] from the California Department of Consumer Affairs.

Tenant Rights

JamesSchwab — 2006-03-16 10:01:43

Differences for Tenant Rights

Deletions are marked with - .	Additions are marked with +.
Line 2:	Line 2:
	+ + ==General Information== + + * [http://www.dca.ca.gov/legal/landlordbook/catenant.pdf Residential Tenant Online Handbook of Rights and Responsibilities] + + ==Habitability and Repairs== + + * [http://www.caltenantlaw.com/Habitability.htm Uninhabitable Conditions] + + ==Eviction== + + * [http://www.caltenantlaw.com/Eviction.htm Eviction] advice from a free legal advice website. + * [http://www.dca.ca.gov/legal/landlordbook/evictions.htm Learn about Eviction] from teh California Department of Consumer Affairs. + ==Leases== + + * [http://www.caltenantlaw.com/breaklease.htm Breaking the Lease] + * [http://chl.ucdavis.edu/forms.cfm Davis Model Lease]: The Davis Model is a standardized Landlord-Tenant lease agreement for rental property. You may use it to substitute the property company or landlord's lease.
Line 14:	Line 31:
- If the landlord fails to return the security deposit, your remedy is to sue him or her in small claims court.	+ If the landlord fails to return the security deposit, your remedy is to sue him or her in [http://www.yolocourts.com/smallclaims.html small claims court].
Line 17:	Line 34:
	+ ==Late Fees== + + Late fees are illegal. The law regarding residential late fees is almost 30 years old. In 1978, Civil Code 1671 was amended to outlaw virtually all late fees in residential rental agreements. The problem is that it did not use the word "late fees," but instead used the technical legal generic term "liquidated damages," which would functionally include a late fee by its meaning. In the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] it was decided for the first time, by an appellate court which identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. If the landlord puts them in, your signing the agreement does not waive your rights to not pay them, get them back if you did, or sue the landlord for trying to get them. + + §1671. Validity of Liquidated Damages Provisions + + (a) This section does not apply in any case where another statute expressly applicable to the contract prescribes the rules or standard for determining the validity of a provision in the contract liquidating the damages for the breach of the contract. + + (b) Except as provided in subdivision (c), a provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made. + (c) The validity of a liquidated damages provision shall be determined under subdivision (d) and not under subdivision (b) where the liquidated damages are sought to be recovered from either: + + (1) A party to a contract for the retail purchase, or rental, by such party of personal property or services, primarily for the party's personal, family, or household purposes; or + + (2) A party to a lease of real property for use as a dwelling by the party or those dependent upon the party for support. + + (d) In the cases described in subdivision (c), a provision in a contract liquidating damages for the breach of the contract is void except that the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. + + ==Legal Advice== + + * To learn how to file a smalls claims court case, call Yolo County Small Claims Court advisor Natalie Wormeli at (530) 756-1900 + * ["ASUCD"] and the ["GSA"] both have free legal council available to students. To make an appoinment go to either the ["ASUCD"] or ["GSA"] student services offices and bring your registration card for prooff of enrollment.

Tenant Rights

JamesSchwab — 2006-03-13 20:00:03

Differences for Tenant Rights

Deletions are marked with - .	Additions are marked with +.
Line 1:	Line 1:
	+ '''Nnot sure how to quite organize or put this page together but the issue of renter's rights seems to always be a hot topic.''' + + ==Security Deposits== + + Under [http://www.mmproperties.com/CivilCodes/1950-5.htm Civil Code Section 1950.5], the landlord can charge no more than 2 months' rent for an + unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days + after you leave the unit, the landlord must refund your full deposit, except for limited deductions + which must be itemized in a accompanying notice. The landlord may only deduct from your security + deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair + damages that you caused beyond normal wear and tear, and pay any rent you owed but did not pay. Painting the unit is not a legitimate deduction, unless inherent in repairs of damage you caused, such as replacing the walls. Also, even if you rented the place in unclean condition, you have to return it in clean condition, or your security deposit can be used to clean it up. + + The law expressly prohibits any money paid to secure the tenant's performance under the lease from being non-refundable. Sometimes landlords try to circumvent that law by labeling the money under other name, like rental fee or preparation charge or cleaning fee. Many leases still include such non-refundability terms, even though void. Landlords get to keep thousands of dollars for every few hundred they have to return to a tenant who catches them. There is no criminal punishment under the law for landlords who commit such embezzlement, or attempt to so defraud their tenants by keeping the non-refundable language in. + + If the landlord fails to return the security deposit, your remedy is to sue him or her in small claims court. + Make your demand letter clear, explaining which deductions were improper and why, and keep a copy for court. Sue not only for the amount that you paid, but for statutory damages and interest for the landlord's bad faith retention of the security deposit. You can get your money back and then some, if the judge agrees, up to twice the amount of the deposit for "bad faith" retention. The non-refundable provision is strong evidence of the landlord's bad faith. + + [[Comments]]