Landlord/Tenant Law

A tenant vacates a residential unit at the end of the

lease. If the tenant does not receive notification of what

items his/her security deposit was applied to and the

security deposit is not returned, the tenant is entitled to

receive what amount as damages?

A tenant vacates a residential unit at the end of the

lease. If the tenant does not receive notification of what

items his/her security deposit was applied to and the

security deposit is not returned, the tenant is entitled to

receive what amount as damages?

A. the entire deposit

B. 1.5 times the deposit

C. 2 times the deposit

D. 3 times the deposit

SECURITY DEPOSITS - Residential

• Refundable deposit that the landlord requires the tenant to pay at the beginning of the tenancy.

• Maximum deposit allowed: 

•Unfurnished property one month rent 

REFUNDABLE DEPOSITS

Landlord can use the security deposit for four purposes:

(1) unpaid rent

(2) clean the unit,

(3) repair damages

(4) replace personal property, such as furnishings or keys, other than because of normal wear and tear

RETURN OF SECURITY DEPOSITS

• The landlord has 21 calendar days after termination of the lease:

• Return all unused portions of the security deposit

  • Written itemized statement showing how remainder used. 

  • Must include the receipts with the itemized statement

• Landlord who keeps deposits without written explanation 

• For more than 3 weeks after end of lease

• Subject to twice the amount of the security deposit in statutory damages

Landlord / Tenant have a written lease that ends on August 31. Security deposit is $3,000. Tenant does not give landlord any notice leaves the keys in the house. On September 27, landlord mails a letter to tenant stating security deposit is being keep for tenant not giving notice.

Landlord / Tenant have a written lease that ends on

August 31. Security deposit is $3,000. Tenant does not

give landlord any notice leaves the keys in the house.

On September 27, landlord mails a letter to tenant

stating security deposit is being keep for tenant not

giving notice.

A. It is acceptable for the landlord to keep the security deposit.

B. Landlord owes the tenant $6,000.

C. Tenant needs to give 30 days notice.

D. Tenant needed to send certified letter to landlord with the keys.

Landlord / Tenant have a written lease for a house in

Palm Springs that ends on August 31. On July 26, outside

temperature is 115 degrees and the air conditioning fails.

Tenant should take any of the following actions except:

Landlord / Tenant have a written lease for a house in

Palm Springs that ends on August 31. On July 26, outside

temperature is 115 degrees and the air conditioning fails.

Tenant should take any of the following actions except:

A. Notify the Landlord immediately my phone and by email and request the repair.

B. Move out and not pay the August 1 rent.

C. Call the landlord, and if they cannot be reached schedule an air conditioning repair person and deduct cost from the rent.

D. Contact the landlord however landlord states they can’t get it fixed for 2 weeks. Tenant could withhold August 1 rent.

REPAIRS

• The tenant should notify the landlord of the problem by a phone call, email, and a follow-up letter.

• After a reasonable time, if landlord ignores the request or refuses to make the repair, the tenant may use one of the following remedies:

• repair and deduct

• abandon the rental unit

• withhold rent

REPAIR AND DEDUCT REMEDY

• Used to correct substandard conditions that affect the tenant’s health and safety, such as a faulty water heater or broken thermostat.

• Tenant may make the repairs and deduct the cost of the repairs from the rent when it is due.

• Up to one-month’s rent

• Only two times in any 12-month period.

ABANDONMENT REMEDY

• If the cost to repair the substandard conditions exceeds the amount of one month’s rent, tenant may abandon the premises.

• Once the tenant abandons the property, he or she has no further responsibility to pay future rents.

REPAIRS – WITHHOLDING RENT REMEDY

• This requires that the substandard defects or repairs that are needed must be more serious than would justify use of the repair and deduct and abandonment remedies.

• The defects must be serious enough to make the dwelling uninhabitable, such an exposed electrical wiring, collapsed ceilings, or a gas leak.

• In the rent withholding remedy, the tenant can continue to withhold the rent until the landlord makes repairs.

• The tenant should deposit the rent money into a separate account (escrow account).

• If the tenant ends up in court, this proves to the judge the willingness of the tenant to pay the rent.

A tenant did $900 worth of destruction to an apartment. The tenant had paid a $300 security deposit and left a television set worth $600 in the apartment. The landlord mailed an itemized statement of the damages to the tenant within two days of the tenant’s vacating the premises and the tenant returned in 7 days and demanded his belongings. The landlord:

A tenant did $900 worth of destruction to an

apartment. The tenant had paid a $300 security deposit

and left a television set worth $600 in the apartment.

The landlord mailed an itemized statement of the

damages to the tenant within two days of the tenant’s

vacating the premises and the tenant returned in 7 days

and demanded his belongings. The landlord:

A. can keep the $300 and the TV

B. can keep only the $300

C. must return the $300

D. must return the $300 and the TV