Carlsbad Property Management - The Security Deposit

The Carlsbad security deposit is the subject of most disputes between residents and landlords.  This is often due to differences of opinion or misunderstanding of the law.

This article will only apply to the law and practice in the state of California law when it comes to Carlsbad property management.

Carlsbad, CA property management law allows charges up to two times the monthly rent if the unit is unfurnished, up to three times the monthly rent if it is furnished, plus an additional half-month rent if there is a waterbed.  [I do not encounter many people with waterbeds.]

When it comes to a Carlsbad security deposit, cleaning, keys, pets, and last month's rent are all considered to be part of the security deposit.  In total, they may not exceed the legal limits.

The law does not permit any "nonrefundable" deposits of any kind, such as an automatic deduction for flea spraying when there has been a pet.

Returning the Carlsbad CA Security Deposit

The lease can allow the landlord up to 21 days to provide the resident with the final accounting and return of the balance of the resident's security deposit.  The time period begins when the landlord regains possession of the property.

The final accounting of the deposit must be personally delivered or sent by first-class mail, postage prepaid, to the last known address of the resident.  Often this means mailing the Carlsbad CA security deposit to the property just vacated unless a new or forwarding address has been provided.

Carlsbad Security Deposit Accounting Requirements

1. Owners and managers must provide their residents with written receipts showing the charges incurred for repair or cleaning if the total amount is $125 or more.  The receipts must be attached to the final accounting.
2. If the landlord did the work personally, they must "reasonably" describe the work performed and must include the time spent and the reasonable hourly rate charged.  Arguments are common over what is deemed reasonable.
3. If a contractor does the work, the owner or manager must provide the resident with a  copy of the bill, invoice, or receipt, including the contractor's name, address, and telephone.
4. Owners and managers must also provide receipts for materials if the resident is being charged for them.  Owners and managers who purchase materials on an ongoing basis should provide the resident with a vendor price list or other vendor document that itemizes the cost of the item used to repair or clean the unit.
5. If repairs cannot be made, or receipts are not available within the 21-day period, the owner may deduct a good faith estimate of the deduction amount and provide that accounting to the resident.
6. If after the 21-day period the owner does not have the receipts because they are still with the contractor, the owner must provide the name, address, and telephone number of the contractor along with the estimate.  When the final receipts are available, the owner must provide a final statement within 14 days from the date of completion of repair.

Carlsbad Property Management Law - Security Deposit

The Carlsbad security deposit may be used:

1. For unpaid rent
2. To repair damages to the premises, not including ordinary wear and tear, caused by the resident or by a guest of the resident
3. To clean the premises to return it to the same level of cleanliness when the resident moved in
4. To restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the rental agreement authorizes this use of the Carlsbad security deposit

*** NOTE:  This information is intended to be educational rather than legal advice and should not be considered comprehensive.  Always consult an attorney for your individual situation.