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Security deposit – Moving and legal concerns August 2nd, 2012 | by admin | 2 Comments »
Security deposit – Moving and legal concerns
Security deposit. Potential movers are generally aware of some of the legal concerns by California landlord laws accompanied with moving. Outside of purchasing a home, rentals also come along with significant “paperwork” and fine print loopholes, security deposit. Its necessary to have proper knowledge of these matters to ensure that you’re fulfilling your duties as a tenant and likewise being given your rights by the property owner. A quick list of things to review before scoping out moving companies are as follows: 1. Properly notify your landlord that you are leaving-Generally 30 days is a suitable timeframe for notification. Though additional time is usually more desirable from the owner’s perspective as it allows them to quickly rent the property once you’ve left. This also may play in your favor if you are looking for a good review from your landlord or just want to end on good terms. Legal concerns. 2. Repair minor damages or be willing to pay for them out of your security deposit (more on Wikipedia) -Your lease should outline the things that you are not responsible for, such as the normal wear and tear of items (for example, wall smudges, old carpet etc.). Otherwise be sure to uphold to your responsibilities by taking care of the other damages. 3. Clean up well-Return the apartment the way you found it (as best as you can). Be sure to not leave behind any items and do a decent cleaning before your departure. 4. Return the apartment keys or other property-Simple things like this may cause a reduction in your security deposit if not provided when requested. Other items that fall under this category include garage door openers, or any appliances and furnishings provided by the owner. 5. If you need to move before the lease is up try and make arrangements-Some companies/owners are not very flexible when it comes to lease terms. Legal concerns - They may not be as willing to allow you to leave before the lease is up, therefore some type of negotiation should be met. A sublease is one option, where the tenant rents out the unit to someone else until the term is completed. This may satisfy some owners to avoid any type of penalties for early leave.
California law and security deposit deductions Movers from out-of-state may find it helpful to familiarize themselves with some of California landlord laws of their new residence. One of the biggest issues in tenant-owner disagreements involves the security deposit. The tenant wants all of it and the owner disagrees. It’s important to know exactly what your security deposit can legally be used for to support any landlord claims. In the state of California; by the California landlord laws; a landlord can use a tenant’s security deposit for back rent, cleaning of the property, and for the cost of repairs and damages outside of the normal wear and tear as discussed earlier. Otherwise the landlord needs to provide the tenant with a full refund within 21
calendar days. If a deduction is warranted the owner must provide an itemized deduction list with the appropriate receipts. In the event that your landlord does not follow the protocol you can write or call requesting the deposit or take the issue to small claims court (which is usually pricey).
Resolve Security deposit issue outside of court Though it’s best to try and resolve the issue outside of court if possible (Dca.ca.gov). More moving Tips: • • • • • • • •
The New Furniture Purchase – Move to a New House Cleaning the House before Moving Be Cautious With Our Kids Welfare During Relocation Means to Cut Cost When Buying Packing Supplies A Great Help on Moving – Moving tips Unpacking Tips – Steps To Your Unpacking Relocation Cleaning Tips Security deposit – Moving and legal concerns
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2 Responses to Security deposit – Moving and legal concerns 1.
Pete Moreno says: September 8, 2012 at 9:52 am This is an amazing blog for people who are planning to move yet doesn’t know the legalities.
Leonard Keith says: September 16, 2012 at 12:51 pm The article is really conducive on my part most especially the legal concerns.
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Published on Sep 26, 2012