Does a landlord need to provide receipts to former tenants, even if work has not been completed or may be different than itemized?

Landlord took possession of the property once the current lease expired. Tenant provided an itemized move out statement and good faith estimates to justify the landlord’s keeping a portion of security deposit for excessive wear and tear, as well as returning home to condition before it was rented. Landord has not provided paid receipts because home is not longer being rented and landlord is contemplating a remodel?

Asked on July 25, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the tenant challenges the amount of the security deposit withheld by the landlord, the landlord will need to provide itemized proposals, receipts, bills, etc. to support the withholding; if the landlord does not voluntarily provide them, the tenant can sue for the return of some or all of the deposit and force the landlord to provide them in court (including in small claims court).


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