A.D. CANTELMO REALTY/TONY CANTELMO
BROKER
TONY CANTELMO






A.D. Cantelmo Property Management
Our Business is Property Management in Orange County California

Resolving security deposit issues






The most disputed part of renting property is the Security deposit. Having a security deposit is vital for a Landlord to protect their property from a Tenant leaving the property in disarray, or owing the Landlord money. The problems start, not when the security deposit is received, but when it is time to return the deposit back to the Tenant at the end of the Tenancy.

What is a Security Deposit

Every Tenant understands that when they apply to rent a property, the Landlord or Property Manager is going to ask for a Security deposit. The security deposit can be called , “Security Deposit”,  “Last Month’s Rent”, ”Pet Deposit”, “Key Fee” or “Cleaning Fee”. A security deposit cannot be stated on the lease as NON REFUNDABLE.

Security Deposit Rules

In California, A landlord can ask for 2x the amount of rent for an unfurnished property as a security deposit. This security deposit is a refundable deposit if the Tenant follows rules and leaves the property in the same condition as when they moved in. The Landlord in addition to a security deposit can ask for the first month’s rent and also a non refundable screening fee. If you charge the full 2x deposit, no other fee other then the screening fee can be required.

For example, let’s say you are renting an unfurnished property for $1000.00 per month. You charge the Tenant a $2000.00 security deposit. You cannot then charge a $50 key fee. You cannot go over the 2x amount other then the screening fee.

A security deposit for a furnished property can be three times the amount of rent and all the same rules apply.

If a Tenant has a waterbed, then 1/2 of one months rent can be added to the total deposit.

Security Deposit issues

The problems arise when the Tenant moves out. The Landlord has to make the decision whether the property has been taken care of or are there deductions that need to be made from the security deposit. These deductions can be disputed and often are from the Tenant.

The first question is, has the Tenant left the property owing the Landlord money, that can be deducted from the security deposit.

Next, is the property as clean as it was when the Tenant moved in, if not, a cleaning fee can be deducted from the security deposit.

The next issue, has the property been damaged and if so, how much will it cost to do the repairs. That cost can be deducted from the security deposit.

Returning the Deposit


The landlord has 21 days to return the security deposit and any receipts or repair bids that are being deducted from the deposit.
If the Tenant disputes the deductions and the Landlord refuses to return the money the Tenant asks for, the Tenant can take legal action to remedy the situation. From my experience, Judges always lean towards the Tenant when it comes to security deposits and require Landlords to be very precise when it comes to proof that they deserve the amount they deducted.

A big problem that many Landlords have is that when it comes time to return the security deposit, they may have spent the money and do not have the money to give back, so they look for reasons to deduct from the deposit. This creates all kinds of problems. As a Property Manager, I have faced many furious Tenants looking for answers from me, as to why the Landlord deducted money. If the Landlord holds the deposit, I have no control over what is returned I can only advise the Landlord. The Tenant takes their anger out on me, because I am the face of the property and I understand that. I have been yelled at, cursed at, and threatened, but I do understand the rage especially if I feel the Landlord is not justified in their deductions. Usually the Tenant will take the hit and not challenge in court.


The rules regarding what can be deducted and what is normal wear and tear can be complicated, but keeping good records when the Tenant moves in will help with any disputes. Taking pictures is the best way to show the condition of the property when a Tenant moves in and will be the best proof for a Landlord and also a Tenant if the dispute goes to court.






A.D. Cantelmo Property

Management Specializes in Property Management in Orange County Ca.

Tenant/ Property Service
 
Marketing Property
We market your property on all the major Real Estate websites, including Zillow, Trulia, Realtor.com, and the Multiple Listing Service

Showing your Property
We make sure your Property is shown to all Qualified, interested parties. We never allow Unchaperoned shwings

Screening Tenants
We have a detailed tenant screening process. We run Credit, Criminal and Eviction checks. we check rental history, and use our more then 10 years of Property Management experience to place the Best Tenant possible in your Property

Open 7 Days a week

Contact Tony
714-313-7413
If you have hours that do not coincide with normal business hours, No Problem.


 

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What my clients are saying  

5 reviews 5.0 star rating 1/21/2016 I was tired of using a large management team to manage my investment property. I felt I was always on the back burner. I was recommended to Tony from a business associate, he assured me I would be very pleased. Well that was an understatement, Tony is amazing. He's above all honest and always available for my concerns. I'm not as well versed as other investors with property management and maintenance and tenant relations, Tony has been an excellent partner and has guided me through quite a bit of needed repairs and worked far beyond what was expected to help turn my little investment into quite a prosperous investment, If what your looking for is prompt return calls, honest direction and someone very knowledgeable with general contractors and real estate laws, Tony is your man. Angela

 

~ Angela

5 reviews 5.0 star rating 1/21/2016 I was tired of using a large management team to manage my investment property. I felt I was always on the back burner. I was recommended to Tony from a business associate, he assured me I would be very pleased. Well that was an understatement, Tony is amazing. He's above all honest and always available for my concerns. I'm not as well versed as other investors with property management and maintenance and tenant relations, Tony has been an excellent partner and has guided me through quite a bit of needed repairs and worked far beyond what was expected to help turn my little investment into quite a prosperous investment, If what your looking for is prompt return calls, honest direction and someone very knowledgeable with general contractors and real estate laws, Tony is your man. Angela

 

~ Angela

"10 out of 10 I am so Happy Since I left my old company and I joined AD Cantelmo Property Co I am stress free I live in a different state and this company watches my house and always Mr Tony Cantelmo is on top of things I really want to thank you for what you do for me and I would really Recomend this Company to any and every one Thank You again. Shawn" ------------------- "I need to trust the people I work with and I trust Tony. He stays on tops of things, communicates well, and gets things done. He not only gets things done but he gets things done the right way. Jim"

 

~ Shawn

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