Can landlord take my deposit to clean common areas when renting a room?

[flowerchild91]

I live in California and just moved out of my place I was renting with one other roommate (roommate was landlords son). I was renting a private room and bathroom with access to common areas, and they are trying to charge me for common area cleaning when I have done my part in cleaning common areas and the roommate has done absolutely nothing to help. Trying to charge me with petty cleaning like "the door is dirty and the fan is dusty" He is continuing to live there and says he can't show the house unless it is completely clean and is refusing to do his part in cleaning and says it will come out of my deposit. Is this legal?

 

[adjusterjack]

Here's the CA Security Deposit statute:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1950.5.

If you believe that the landlord has wrongfully withheld all or part of your security deposit you can sue him in small claims court.

 

[xylene]

Offer to hire a cleaner for a hour worth of cleaning and keep the receipt.

"Not only did I clean the common areas during my tenancy, I hired a professional cleaning service when I left."

Your case would be airtight.

 

[LdiJ]

Here's the CA Security Deposit statute:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1950.5.

If you believe that the landlord has wrongfully withheld all or part of your security deposit you can sue him in small claims court.

Personally, I WOULD sue him in small claims court. Your lease was for a bedroom and bathroom and access to the common areas and his other tenant was/is his son. He is going to have a hard time justifying keeping part of your security deposit for a less than perfectly clean common area.

 

[FarmerJ]

I too think you should sue the LL for refund of your deposit money and any applicable penalty This landlord was not fair , it is a lot different when the LL claims areas that were under your exclusive use were not clean but charging you to clean shared areas that were shared with owners adult son in court is going to make the owner look like a fool.