Booklet Can Help Guide Deduction Disputes

In “State Law Specifies Expenses Covered by Security Deposit” by Kevin Postema (Dec. 31), the question asked was: Can a deduction be taken for repainting after a 2 1/2 year tenancy? The answer suggested that half the cost could be deducted.

The California Department of Consumer Affairs publication “California Tenants: A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities” states that a deduction is permitted only when repainting is necessary. The publication also states that there should be no deduction when the length of stay is two or more years.

The landlord has the burden of proof that deductions from a security deposit are reasonable and necessary. A court can impose a statutory penalty of $600 for the bad-faith retention of any portion of a security deposit. The penalty can be imposed regardless of whether the tenant has asked for it and is in addition to actual damages.

I wouldn’t be so sure that a judge would think a landlord was reasonable in deducting half the cost of repainting after a 2 1/2-year tenancy when the state recommends no deduction at all. The best advice you can give landlords and tenants is to get a copy of the booklet. Write to California Tenants, care of Department of Consumer Affairs, P.O. Box 989004, Sacramento, CA 95798-0004. The booklet costs $2.

THOMAS KEISER

Arcadia

The writer is an attorney.