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Security Deposit Toolkit

Here at MySecurityDeposit.com, our goal is simple: to help California renters recover residential security deposits wrongfully withheld by landlords. This website offers renters free downloadable resources, a Security Deposit Toolkit (consisting of an eBook, sample forms, sample letters, and instructional videos), and information on how to get more help. To start, click on one of the two boxes below.

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Security Deposit Toolkit
A $1,700.00 value for $99.00 $79.00*

Documents

  • Security Deposit Toolkit eBook
  • Exhibit A1 - Sample Move Out Letter to Landlord (Issues)
  • Exhibit A2 - Sample Move Out Letter to Landlord (No Issues)
  • Exhibit B - Sample Security Deposit Demand Letter
  • Exhibit C - Sample Plaintiff's Claim and ORDER to Go To Small Claims Court (Small Claims Complaint)
  • Exhibit D - Security Deposit Expense Calculator
  • Exhibit E - Sample Request to Postpone Small Claims Court Trial
  • Exhibit F - Sample Factual Summary for Small Claims Court Trial
  • Exhibit G - Small Claims Court Checklist
  • Exhibit H - Sample Post-Judgment Letter to Landlord
  • Plus
    • California Renter Moving Checklist
    • California Security Deposit Deduction Guidelines
    • Sample Letter to Landlord Requesting Repairs
    • Sample Moving Budget

Videos

  • Welcome & Orientation Video
  • Understanding California’s Security Deposit Law
  • Recovering Your Security Deposit
    • Step 1: Preparing Your Move Out Letter and Requesting an Initial Inspection
    • Step 2: Appearing for the Initial Inspection
    • Step 3: Cleaning the Rental Unit and Addressing Any Identified Repairs
    • Step 4: Returning the Keys, Garage Door Opener, and Any Other Applicable Items on or Before the Date Your Tenancy Terminates
    • Step 5: If Your Landlord Has Not Returned Your Security Deposit Within Twenty-One Days, Sending a Second Letter
    • Step 6: If Your Landlord Does Not Return The Balance Of Your Security Deposit By The Date Stated In Your Letter, Decide Whether to Pursue This Matter In Small Claims Court
  • Preparing for and Attending Your Small Claims Court Trial
    • Step 1: Preparing Plaintiff’s Claim and ORDER to Go To Small Claims Court
    • Step 2: Filing Plaintiff’s Claim and ORDER to Go To Small Claims Court
    • Step 3: Arranging for Service of Plaintiff’s Claim and ORDER to Go To Small Claims Court
    • Step 4: Filing a Proof of Service
    • Step 5: Preparing for Trial
    • Step 6: Attending Trial
  • Enforcing Your Judgment

Customized Letters

  • Notice of Termination of Tenancy Not Due to Any Issue with the Landlord, Rental Unit, or Tenancy
  • Notice of Termination of Tenancy Due to One or More Issues with the Landlord, Rental Unit, or Tenancy
  • Letter to Landlord Requesting Return of Security Deposit
  • Letter to Landlord Requesting Repairs

*Values based on the estimated time (6.8 hours) a tenant would need to spend with an attorney charging $250.00 per hour to obtain the equivalent information.

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About

We at Security Deposit Toolkit wanted to find an efficient and cost-effective solution to a very common problem facing tenants, empowering them to fight back. Our founder, a tenant rights attorney who has helped countless renters recover security deposits, created the Security Deposit Toolkit. Consisting of an eBook, sample forms, sample letters, and instructional videos, the Toolkit incorporates the best practices from our founder’s years of experience fighting on behalf tenants for the return of their security deposits. Whether your goal is to recover a residential security deposit wrongfully withheld by a landlord, or just to take proactive steps in the hope of avoiding this outcome, we hope you find the information on our website and in the Toolkit helpful. Good luck!

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Mission

Our mission is to help California tenants recover residential security deposits wrongfully withheld by landlords. We are committed to empowering California renters with information and resources to help them avoid being taken advantage of by unscrupulous landlords. We always strive to deliver as much value to our customers as possible and welcome any comments on how we can improve our website, materials, or templates.

Frequently Asked Questions (FAQs)

Although a security deposit may be used “for any purpose,” four are specifically identified: (1) landlord reimbursement for a tenant’s rent default, (2) repair of damages to the rental unit, exclusive of ordinary wear and tear, caused by the tenant or guests, (3) cleaning costs necessary to return the rental unit to the same level of cleanliness it was in at the start of the tenancy, and (4) if authorized by the lease, payment of any tenant default to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear. See Cal. Civ. Code § 1950.5(b)(1)–(4).
Yes. When you return possession of the rental property to your landlord, you are responsible for returning it in the same condition in which you received it LESS “ordinary wear and tear.” Cal. Civ. Code § 1950.5(b)(2), (e). In other words, the landlord must pay all costs associated with remedying “ordinary wear and tear.” Unfortunately, “ordinary wear and tear” is not specified. The discoloring of paint; wearing down of rugs; minor scratches and nicks on walls and countertops; etc. likely constitute “ordinary wear and tear,” for which the landlord is responsible. A large gaping hole in the wall caused by a rowdy friend at a party or a cracked window caused by a toddler throwing a baseball through it likely do not constitute “ordinary wear and tear,” and the tenant will be responsible. Reasonable people can disagree as to what does and does not constitute “ordinary wear and tear,” which in turn determines who is responsible for the repairs. This is why tenants should always request a final inspection from the landlord before moving out. (More below.)
If carpeting had been steam-cleaned prior to the start of your tenancy, probably. Again, the tenant must return the rental unit to the landlord it in the same condition in which he or she received it LESS “ordinary wear and tear.” See Cal. Civ. Code § 1950.5(b)(2), (e). Assuming the carpeting had been steam-cleaned prior to the start of the tenancy, holding the tenant financially responsible for the steam-cleaning of the carpeting is consistent with the language of the law. Holding the financially tenant responsible for replacing the carpeting due to normal wear and tear is not.
Yes. For an unfurnished residential rental unit, a landlord cannot demand a security deposit in an amount in excess of two months' rent. See Cal. Civ. Code § 1950.5(c). For a furnished residential rental unit, a landlord cannot demand a security deposit in an amount in excess of three months’ rent. A landlord may require payment of the first month’s rent separate and apart from the security deposit prior to move-in.
Small Claims Court is a division of every California Superior Court where disputes between private litigants of up to $10,000.00 are decided. Since lawyers are prohibited from representing litigants in Small Claims Court, the procedural and evidentiary rules which lawyers must normally follow in other Superior Court divisions are substantially more lenient.
Lawyers are prohibited from representing litigants in Small Claims Court. However, you may seek advice from a lawyer prior to your trial on preparing for and presenting your case in Small Claims Court. A lawyer or law firm can also assist you with the filing and service of your “Claim and Order to Go to Small Claims Court” (the document describing why you are entitled to recover money from the defendant). You can also retain a lawyer to assist you with collecting your judgment. In an appeal from a Small Claims Court judgment, an attorney may represent you. However, only defendants may appeal judgments. This means that if you are the plaintiff (the person filing the Claim and Order to Go to Small Claims Court) and you lose, you may not appeal the judgment.
The maximum an individual plaintiff may recover in Small Claims Court is $10,000.00. Plaintiffs that are corporations, partnerships, governments, or other entities can recover no more than $5,000.00. For claims above $2,500.00, plaintiffs are limited to one Small Cssss laims Court lawsuit per calendar year. There is no limit for claims less than $2,500.00. “Claim splitting,” (dividing a case involving more than $10,000.00 into two separate lawsuits) to stay under the $10,000.00 limit is prohibited. Claims of more than $10,000.00 but no more than $25,000.00 are known as “limited” civil cases. Claims of more than $25,000.00 are known as “unlimited” civil cases. Both limited and unlimited civil cases are heard in separate divisions of the Superior Court, and lawyers may appear on behalf of their clients in these cases. Although plaintiffs can represent themselves in limited or unlimited civil cases (otherwise known as “in pro per” or “in propria persona” representation), the procedural and evidentiary rules are much more complex and pro per litigants often find themselves at a disadvantage against litigants represented by a lawyer.
Generally, yes. While the rules may vary slightly from county to county, the procedure is generally the same among all Small Claims Courts throughout California.

Need More Help?

While this website provides renters with the tools and information they need to recover their security deposits, sometimes issues with a current or former landlord extend beyond just the wrongful withholding of a security deposit. For example, if you were forced out of a rent-controlled apartment without legal justification, harassed, suffered a bodily injury or physical illness caused by your landlord or rental unit, or were otherwise subject to egregious landlord behavior, talk to a qualified tenant rights attorney about your case.

Security Deposit Toolkit, Inc. is not a law firm and therefore cannot offer legal advice. For legal advice, Tenant Law Group is a San Francisco-based tenant rights law firm serving renters throughout the State of California.* Tenant Law Group offers complimentary case evaluations as well as paid consultations with tenant rights attorneys. For more information, visit Tenant Law Group’s website. For more information on the types of cases Tenant Law Group handles, visit their "Do I Have A Case?" page.

SCHEDULE ATTORNEY CONSULTATION NOW
If you were forced out of a rent-controlled apartment without legal justification, harassed, suffered a bodily injury or physical illness caused by the conditions of your tenancy, or were otherwise subject to egregious landlord behavior, Tenant Law Group also offers free case evaluations. Tenant Law Group offers representation in certain types of cases on a contingency fee basis, which means clients don’t pay an hourly fee. In these cases, the firm collects a fee only if it obtains a recovery for the client.
For more information on whether you might have a tenant rights case, visit Tenant Law Group’s "Do I Have a Case?" page.
*This page may be considered attorney advertising. Pursuant to California Rule of Professional Conduct 7.2, Tenant Law Group, PC, located at 649 Mission Street, 5th Floor, San Francisco, CA 94105-4128, is responsible for this content.

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