I deserved my full security deposit back. This California bill would help renters like me | Opinion
The rental market was tight as I scrambled to find an apartment near my new job at the University of California at Merced. No landlord was getting back to me. So I was relieved to finally find a one-bedroom in North Merced for $1,495 a month.
Almost one year later, when I was ready to move out, I was determined to get as much of my security deposit back so I could apply the money to my next place. The lease agreement stated that I could request a pre-move-out inspection where I’d get an itemized statement specifying any repair or cleaning that had to be completed before I left. The property manager noted the good condition of the apartment during the walk-through and said I’d get all or most of my deposit back as long as it was left clean.
Several friends came to help me, and the four of us cleaned all weekend. We wiped down baseboards and walls, cleaned inside the cracks and crevices of windows and mopped the floor several times. I left the apartment cleaner than I received it.
Opinion
So I was shocked and frustrated that management took more than half of my total deposit. Despite the manager noting the condition and cleanliness of the apartment during the walk-through, they included carpet cleaning and scrubbing behind the toilet as reasons for deductions.
I called management to share my concerns, but I was told they simply passed on the charges they incurred from a cleaning service they used after my move. Yet all of the items they charged me fell within “ordinary wear and tear” as stated in my lease agreement. Under those terms, I should have gotten all or most of my deposit back, but I had no legal recourse to recover the money management unfairly took from me.
This is why it’s important that California leaders pass the Tenancy: Security Deposit Bill (Assembly Bill 2801), authored by Asm. Laura Friedman, D-Glendale. The bill creates stronger guardrails on existing law that governs security deposits to ensure renters are not unfairly penalized.
Unfortunately, my experience is all too common, especially in small college towns like Merced. Between 2022 and 2023, 53% of college students who applied for financial aid faced housing insecurity. In places like Fresno and the Central Valley, more than half of the population are renters and are at the most risk of losing their homes. Landlords should not be able to arbitrarily take any portion of a deposit that rightfully belongs to tenants.
For first-time renters, low-income renters and young people like me, $430 means a month’s worth of gas or groceries, an air conditioner or a deposit for a new utility account — all basic necessities. The money the apartment management took from me could have provided a basic level of security.
As a law, AB 2801 would require landlords to pay for professional carpet cleaning or other professional cleaning services to bring the rental unit to the same condition the tenant found it in upon moving in. It would ensure security deposits are not used to subsidize upgrades, and it would require that photos be taken at the beginning and end of a renter’s time in a unit to make sure they are not charged for repairs or damages they are not responsible for.
If AB 2801 were law when I moved out of my apartment, I would have gotten my full deposit back. Security deposits should serve their intended purpose and protect landlords from damages, not pay for unjust expenses.
By strengthening the ways security deposits are used, we can level the playing field and create transparency for renters and landlords alike.
Rebecca Martinez, MPH, is a researcher for the Housing, Opportunity and Place (HOPE) Lab at UC Merced and a member of Power California.
