Robin, just FYI (and I'm sure you already know this) ...if they fail to give you a printed, itemized statement within 21 days of your moving out, they are required to refund all monies, even if you torched the place.

Damn it, I can tell our former landlords are going to dick us out of our security deposit (which was 6 weeks rent). They inspected the house and apprently have all sorts of complaints, like "You filled all the nail holes, but they still need to be sanded before we paint." PLEASE, people, why you gotta be nit-picking asswipes?

Doesn't California have tenant-landlord laws pertaining to "normal wear and tear"?

GC those ears are most excellent!

These landlords need a head-smack.

Robin, here's a summary of California tenants' rights w/r/t security deposits: [link]

From the 5th paragraph down: "Painting is not required, nor is filling in nail holes. These are not valid deductions."

And if filling in nail holes isn't a valid deduction, then sanding down the filled-in holes damn well isn't.

man {{{Buffistas}}} rock. I wish I'd known this stuff the last three times I didn't get my security deposit back.

FFR, toothpaste is good for nail holes. Just rub it in, no sanding.

I wish I'd known this stuff the last three times I didn't get my security deposit back.

I had an evil landlady try to shaft me out of the security deposit by claiming she had to have a "cleaning team" come in to clean after I moved out. Which she may have opted to do, but she didn't include an itemized list of the cleaning expenses -- including everything that was dirty/damaged beyond normal wear and tear -- when she sent me the letter telling me she was keeping my security deposit. (And, of course, she couldn't have done so in good faith, since nothing beyond normal wear and tear was present.)

Therefore, I wrote her a polite but firm letter citing Ohio law, etc., and she wrote me a vituperous letter accusing me of threatening her with a lawsuit. Which I did. She didn't return my deposit.

So I had my friend, who's an attorney, spend 10 minutes drafting a letter on her letterhead, and she sent it to the landlady.

Got my security deposit back.

and she wrote me a vituperous letter accusing me of threatening her with a lawsuit.

"How dare you exercise your right to secure the money that I legally owe you!"

Thanks for the research and support, you guys. Can we still sue for our deposit if we are breaking our lease? We did give them 60 days' notice, but I don't know if that's enough to put us on firm legal footing. I can't research right now, due to having actual work to do today.

Robin, this page -- [link] -- down under the section "No Legal Reason" makes it sound as though you can still get your security deposit back even if you broke your lease.