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The Truth About Security Deposits: How to Get Yours Back!
For many renters in Los Angeles, moving out can be a thrilling experience. However, alongside the excitement of new beginnings, there’s often a lingering worry: Will I get my security deposit back?
Whether you’re a first-time renter or a seasoned tenant, reclaiming your full security deposit shouldn’t feel like a gamble. By understanding your rights and taking a few smart steps along the way, you can increase the odds of getting every dollar back. Let’s break down the ins and outs of security deposits in Los Angeles and how to ensure a smooth return of your hard-earned money.
1. Understanding Security Deposits in LA: What’s the Deal?
A security deposit is money paid upfront to your landlord when you sign a lease. It’s designed to cover unpaid rent, damage to the property, or excessive cleaning costs after you move out. In Los Angeles, security deposits are strictly regulated, with some new rules that went into effect on July 1, 2024.
Here are the key rules every renter should know:
Security Deposit Limit:
Before July 1, 2024: Landlords could charge up to two months’ rent for unfurnished units and three months’ rent for furnished units.
After July 1, 2024: The security deposit limit has been reduced to one month’s rent for all units, with exceptions for small landlords (those who own a limited number of rental properties).
What Can Your Deposit Be Used For? Your security deposit can legally be used for:
Past-due rent
Repairing damage caused by the tenant (but not normal wear and tear)
Cleaning costs if the unit isn’t returned in its original condition
Restoring personal property (e.g., returning keys or remotes)
Important: Landlords cannot use your deposit to cover costs for normal wear and tear—think faded paint, worn carpets, or small nail holes.
2. Start Right: Document Everything with a Move-In Checklist
Getting your deposit back starts long before moving day. The best way to protect yourself is by thoroughly documenting the condition of your apartment when you move in.
Do a Walkthrough: When you move in, take a detailed walkthrough of the unit. Document everything with photos and videos, especially any existing wear or damage—scratched floors, chipped paint, or appliances that aren’t working. Make sure the time and date are saved with the images.
Fill Out a Move-In Checklist: California law requires landlords to provide a Move-In Inspection Checklist. Use this form to document any pre-existing issues, no matter how small. This checklist will serve as crucial evidence if there’s a dispute over the condition of the unit when you move out.
Pro Tip: Store all your documentation—photos, videos, and the move-in checklist—in a cloud folder, so you have easy access to it if needed.
3. Moving Out: How to Leave Your Apartment in Great Shape
When it’s time to move out, leaving your unit as close as possible to its original condition is the key to getting your deposit back in full. Here’s how to make sure you’re covered:
Do a Deep Clean: Even though normal wear and tear isn’t chargeable, leaving a messy or dirty apartment could give your landlord a reason to deduct cleaning fees. Make sure to clean thoroughly, paying special attention to the kitchen, bathroom, and any appliances. If the landlord expects the unit to be professionally cleaned, make sure this was clearly outlined in the lease agreement.
Fix Minor Damage: Patch up small nail holes with putty, scrub off scuffs from the walls, and make any minor fixes that are easy to DIY. The more you handle yourself, the less your landlord can charge for.
Request a Pre-Inspection: California law requires landlords to notify tenants in writing about their right to a pre-inspection before moving out. This inspection allows your landlord to point out any issues that need attention, giving you the opportunity to make repairs before they deduct anything from your deposit.
Pro Tip: Be present during the pre-inspection and take note of everything your landlord points out. If there are areas you’re unsure about, ask questions to clarify what they expect to be fixed.
4. Security Deposit Return: What to Do If Your Landlord Doesn’t Play Fair
In Los Angeles, landlords are required by law to return your security deposit within 21 days of you vacating the unit. If they don’t return the full deposit, they must provide an itemized statement that explains how your deposit was spent.
Here’s what to do if you run into issues:
Challenge Unfair Deductions: If your landlord is withholding money for normal wear and tear or other questionable charges, you have the right to challenge them. Write a formal letter requesting the return of the disputed amount, and include copies of your move-in checklist, photos, and any other supporting evidence.
Small Claims Court: If your landlord refuses to return your deposit or provide a legitimate reason for withholding it, you maybe able to take them to small claims court. In California, you can sue for up to $12,500 in small claims court without needing a lawyer.
5. Other Types of Rental Deposits: Know the Difference
Aside from the traditional security deposit, there are several other types of deposits and fees you might encounter in a rental agreement. Here’s a quick overview of the most common ones:
Pet Deposit:
Landlords may charge a pet deposit in addition to the security deposit to cover any damage your pet might cause. This deposit is typically refundable, as long as your pet doesn’t damage the property. Keep in mind that even with a pet deposit, landlords cannot charge for normal wear and tear.Cleaning Fee:
Some landlords may charge a cleaning fee to ensure the unit is returned in the same clean condition it was when you moved in. However, it’s important to note that in California, it is illegal for this cleaning fee to be non-refundable.Key Deposit:
A key deposit may be required to ensure that tenants return all keys, remotes, or other access tools upon move-out. This deposit is also refundable, provided all items are returned.Holding Deposit:
If you’re seriously considering renting a property but need time to decide, you may be asked to pay a holding deposit. This deposit temporarily reserves the rental unit while you finalize your decision. If you choose not to sign the lease, the landlord can only keep the portion of the deposit necessary to cover any damages from holding the unit.Last Month’s Rent:
Some landlords will require tenants to pay last month’s rent upfront as part of the move-in process. This helps the landlord protect themselves if a tenant moves out early or fails to pay their final rent. It’s important to distinguish this from a security deposit, as this money is specifically for rent and cannot be used to cover damage or cleaning costs.Alternative Security Deposit Options:
Some landlords offer alternative security deposit options like insurance, surety bonds, or ACH authorization. These options are becoming more popular as they lower the upfront cost for renters, helping more people qualify for rentals. These alternatives can also be appealing to landlords because they provide some financial protection while reducing the barrier to entry for tenants, potentially increasing occupancy rates and return on investment.
6. Common Security Deposit Myths—Debunked!
Let’s clear up some common misconceptions about security deposits:
Myth #1: Your deposit can be used for normal wear and tear.
Fact: Landlords can’t deduct money for normal wear and tear like faded carpets, chipped paint, or small nail holes. This is considered the cost of renting out the property.
Myth #2: You’ll lose your deposit if you break the lease.
Fact: Breaking your lease doesn’t necessarily mean forfeiting your deposit. While unpaid rent might be deducted, the rest of the deposit can be eligible for return. Reference your lease.
Myth #3: Security deposits can be non-refundable.
Fact: In California, non-refundable security deposits are illegal. If your landlord tries to label any part of the deposit as "non-refundable," they are breaking the law.
Final Thoughts: Protecting Yourself and Your Deposit
Your security deposit is your money, and you deserve to get it back—no surprises, no unnecessary deductions. By documenting everything, following the move-out process, and knowing your rights, you can significantly increase your chances of getting your deposit back in full.
At The Tenure View, we’re all about helping renters stay informed and empowered. If you have questions about your security deposit or find yourself in a tricky situation with your landlord, we’re here to help!
Have a security deposit tip or story to share? Drop us a message or connect with us on social—we’d love to hear from you!
