Landlord Question and Answer Forum

I own a property in California (San Diego) where my tenants has moved out and at inspection time, we found that the hardwood floors have been damaged due beyond normal tear and wear. I have obtained quotes to repair and/or replace the hardwookd floors but the time frame to fix is longer than the time when my new tenant will be moving in. My question is, can I keep all or a portion of the deposit for repair of the damaged floors are a later date?

You are only entitled to the cost of repair. If the all the flooring surface was damaged beyond repair, you may replace it. However, you will have to prorate the damages [cost / (expected life of flooring - age)]. As for the new tenant, let them know that you're going to have the flooring fixed and how long it's going to take. Most new tenants don't mind having repairs done if you work out a time that is convenient to them.

Posted by Stan M, CA on Monday, December 28, 2009

Stan, thanks for the response to my comment, one more question, is there a time frame that the repairs need to be made to avoid a potential conflict with the previous tenant i.e. thinking the work was not done and deposit kept.

Posted by Richard A, CA on Monday, December 28, 2009

Richard....check this site out. It should answer all your questions. http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

Posted by Stan M, CA on Monday, December 28, 2009

Our tenant was so irritated when she vacated the property there was no way of having a civil conversation to discuss what we thought were damages. So on the 20th day a final Move-Out Inspection was completed along with an itemized letter notifying her that the deposit was being held for various repairs like cracked floor tile, missing and damaged screens & cleaning dump fees. Also included was the cost of labor for a General Contractor. Yes there are pictures. It looks like we're going to court. Do we have a good chance of winning?

Posted by Adrianne C, CA on Wednesday, April 21, 2010

cracked floor tile can be considered normal wear and tear missing screens not norm and cleaning fees allowed take pictures and someone who is good talker even a craked sink even though was put in new while tenant was living there is considered normal wear and tear :(

Posted by Cindy H, NY on Wednesday, May 12, 2010