房东s and tenants alike will often ask what is allowable as a security deposit deduction at the conclusion of a tenant’s lease agreement. Some aspects of California law are quite clear on this topic, others are a bit hazier.
明确:
根据加州民法典第1950条.5(b)(2), when a tenant terminates their lease and vacates the property, the landlord can deduct costs incurred to repair damages caused by that tenant as a charge and deduction from the tenant’s security deposit.
朦胧的:
根据加州民法典第1950条.5(b)(2), these charges can only be taken for damage beyond ordinary wear and tear.
So, herein lies an important question regarding security deposit deductions …. “正常磨损”是什么意思?
From my experience, common sense judgment should rule the day. Sometimes I’m in the difficult position of having to explain this to both the tenant and the landlord. The security deposit cannot be used for repairing property defects or deterioration caused by normal daily life at the property. The security deposit also can’t be charged for any conditions if they existed at the time that the departing tenant moved in or if a property item is beyond its “useful life”. Another good rule of thumb is the measure of obvious neglect, 滥用, or abuse that may have led to property damage which would be cause for security deduction.
应用ing my “common sense rule” to the above, maybe these examples will help:
- Matting or frayed carpet in high traffic areas or small stains in select areas is wear and tear; Burned or badly stained carpet is damage.
- Small nail holes where pictures were hung are wear and tear; large holes or areas cut open in the walls is damage.
- Smudges and scuffs on walls are wear and tear; 大面积的污渍 or permanent stickers applied on the walls is damage.
从官方的政府消息来源来看，美国政府正在进行一项调查.S. Department of Housing and Urban Development (HUD) weighs in on this topic on pages 55 and 56 of a document titled 特殊索赔和程序指南 (2006年6月)，可在以下连结找到: http://www.hud.gov/sites/documents/HSG-06-01GHBGUID.PDF
根据HUD, Tenant damages usually require more extensive repairs and at a greater cost than normal wear and tear and are often the result of a tenant’s abuse or negligence that is above and beyond normal wear and tear. To summarize the HUD guidelines, please consider this table:
正常磨损 | 租客损坏 |
小钉孔(6便士/2英寸或以下), 销孔, 墙体天然裂缝, 石膏上的小碎块 | 漏洞, 螺栓或地脚螺钉上的大孔, 墙上的螺丝, 墙上的高清电视支架, 石膏上有切口或大凹痕 |
衰落, 剥, 拖着脚走, 或者油漆/墙纸破裂, 租户用DAP填满小洞的地方 | 图纸, 贴纸/标签, 墙上的蜡笔记号, spot painting of wrong color or unapproved paint/wallpaper |
Doors sticking or not closing properly due to age or humidity | 门从铰链上拆下或扯下 |
| Worn out keys, loose or sticky door locks or handles | 破碎的, 钥匙或锁未归还或丢失, damage to door from forced entry or attempts to enter with improper tools |
由于建筑物沉降造成窗玻璃开裂 | 破窗理论 |
Carpet faded, frayed or worn thin in high traffic areas | 撕裂或撕裂的地毯, 伯恩斯, 大面积的污渍, 或者公然伤害宠物, 地毯或垫子上永久的宠物尿渍 |
Small scratches or fading from sun in wood flooring in select areas ; vinyl foor fading or worn thin in traffic areas | 木地板量规, areas of unreported water damage or excessive scratches throughout from pet damage; cuts, 乙烯基地板上的孔或量规 |
| Calcified, rusty or hard water spots on water faucets/fixtures, shower rod, or loose faucet handle | 污垢堆积, 模具, 霉, or water stains from a preventable or unreported water leak, missing shower rod which had been installed by landlord, 水龙头手柄破损或缺失 |
松动的灌浆和浴室瓷砖 | 浴室瓷砖破裂或缺失 |
Worn or scratched enamel in old bathtubs, sinks or toilets | Chipped, broken, or cracked enamel in bathtubs, sinks, and toilets |
Partially clogged or slow draining sinks and toilets | Clogged or damaged sinks and toilets from improper use and care |
褪色、磨损或发黄的灯罩或窗罩 | 灯罩、窗罩破损、污迹或丢失 |
Worn or blistered mini-blinds, frayed or worn blind draw strings, pullies, or chains | 破碎的, bent, cracked or missing mini-blind slats, wands or hardware. |
| 流动缓慢的排水管 | Drains proven to be clogged by nonflushable objects such as toys, 牙刷, 女性产品, 或者婴儿湿巾 |
| Musty smell in home near ocean or in subterranean rooms/areas and closets | 宠物的气味, 宠物尿味, cigarette/smoke odor or cooking odors throughout the home from cooking without ventilation or stove fan |
| Nonfunctiong or nonexitent smoke or CO detector; nonfunctioning light fixture or switch | Missing or detatched smoke or CO detector with no batteries; missing, 烧坏了, 或者灯泡的样式不匹配 |
| Dry lawn or areas in the yard maintained by landlord's gardener which are overgrown or dying | Lawn with excessive pet urine 伯恩斯 or other pet damage to landscape, dead areas of landscape cause by waste disposal such as paint or chemicals |
These types of decision can easily become the genesis of a tenant and landlord dispute. 正因为如此, many owners of rental homes leave these matters to professional property managers like 北县地产集团. 我们已经看到了很多, 能提出好的建议, and work with both the tenant and owner for logical and reasonable interpretation of security deposit laws. Call us today to learn more about our property management services and programs!
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