Getting the most back from their security deposit can be a
concern to many students moving out of apartments as the school
year comes to a close.
Liz Kemper, director of Student Legal Services, said the center
deals with dozens of security deposit cases every year. But there
are steps that can be taken to avoid some deductions.
Most landlords charge tenants a security deposit during their
first month to provide for unpaid rent, damages done to their unit,
and any cleaning fees needed before move-out.
A landlord has the right to deduct from a security deposit for
damages done to the unit beyond ordinary wear and tear. Though
there are no set guidelines for what constitutes ordinary wear and
tear, Kemper said most of it can be determined by common sense.
“If you have some small scuff marks on the baseboard, that
would be ordinary wear and tear. If, on the other hand, your
roommate punched a hole in the wall, it would not be,” Kemper
said.
Kemper added that a unit which has been occupied longer would be
expected to have more wear and tear.
Tim Bower of Bundy Townhouse Apartments in West Los Angeles said
he generally has had good experiences with UCLA students as
tenants, but there have been some instances of damage, mostly to
carpeting.
Bundy Townhouse Apartments, like most other buildings near UCLA,
requires one month’s rent as a security deposit. Bower said
he has not has any problems with students claiming they had unfair
deductions taken from their deposits.
“When I take deductions from the security deposits, they
generally know they had it coming,” Bower said.
A landlord can also charge for cleaning fees if the unit is not
returned as clean as it was when the tenants moved in. Since many
rental units are professionally cleaned before move- in, the unit
is expected to be returned in the same condition.
“Some students decide it’s not worth it to clean it
to that level and just expect the landlord to make deductions from
their security deposit,” Kemper said.
Kemper added that students should start to protect themselves
from unfair deductions from their security deposits from the moment
they move in.
She suggested sending the landlord a letter listing all the
problems with the unit, whether they need to be fixed or not, so
that the student does not end up paying for pre-existing
problems.
California law also states a tenant can request that a landlord
inspect a rental unit before the lease ends to identify defects or
conditions that would result in a deduction of a tenant’s
security deposit.
Kemper said the inspection gives tenants the opportunity to
clean the unit and make repairs, but warned that major repairs,
like repainting, require the landlord’s approval.
She added that while tenants are not required to ask for the
inspection, it is a valuable tool to inform them about what
deductions the landlord might make.
After deductions are made, the landlord must refund the rest of
the security deposit within 21 days of when the tenants move out.
The landlord must provide an itemized statement of the deductions
made and provide invoices or receipts for items if deductions
exceed $125.
In California, no part of the security deposit can be labeled as
“nonrefundable,” meaning the landlord cannot make
automatic deductions from the deposit.
Students who are having problems with their landlord regarding
security deposits can consult Student Legal Services, which can
help them write letters to their landlord or sue in small claims
court if necessary.
Even when considering the problems with security deposits
addresses by Student Legal Services, some students living in
apartments believe they will get the fair amount of their security
deposit refunded.
Joyce Chen, a third-year biology student, said she is confident
she will get her deposit back when she moves out of her apartment
on Glenrock Avenue in the fall.
“I think my manager is pretty nice. We’re pretty
clean. There’s not that many people living there and they
know us well,” Chen said.