Security Deposit
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Security Deposit (by Chris [CA]) Apr 17, 2019 2:02 PM
       Security Deposit (by WMH [NC]) Apr 17, 2019 2:42 PM
       Security Deposit (by Robert J [CA]) Apr 17, 2019 2:55 PM
       Security Deposit (by plenty [MO]) Apr 17, 2019 4:17 PM
       Security Deposit (by Moshe [CA]) Apr 18, 2019 9:37 AM
       Security Deposit (by Vee [OH]) Apr 18, 2019 9:44 AM
       Security Deposit (by LindaJ [NY]) Apr 18, 2019 10:01 AM

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Security Deposit (by Chris [CA]) Posted on: Apr 17, 2019 2:02 PM

Tenant says maybe the garage fire that caused $30,000 in damage was started by a guest putting a cigarette butt in a plastic trash can in the garage. After the eviction, can I legally subtract the insurance deductible from her security deposit? I am sure my premiums will go up also.

Thank you,


Security Deposit (by WMH [NC]) Posted on: Apr 17, 2019 2:42 PM

In NC I could. You are in CA. Who knows?

Security Deposit (by Robert J [CA]) Posted on: Apr 17, 2019 2:55 PM

Had you gotten a report from the Fire Department and or your Insurance Adjuster and THEN sent your tenant a demand letter. Then when they moved out you could provide the "deposit deduction" with proof. Since the tenant didn't pay on your demand and they didn't dispute the cause in a return letter, you could have prevailed in court.

With no proof and following a procedure to establish blame, try to collect then deduct it from the deposit. They could still sue you in small claims court, but the had prior notice that you wanted them to cover your deductible cost...and they refused, moved out and didn't make any arrangements for payment. --47.156.xx.xx

Security Deposit (by plenty [MO]) Posted on: Apr 17, 2019 4:17 PM

Oh boy. I won't open that can of worms. Move on.

Security Deposit (by Moshe [CA]) Posted on: Apr 18, 2019 9:37 AM


You may deduct the cost to you of repairing damage done by tenant, which means xost minus what insurance paid.

But thats under the condition that the tenant or his invitee actually caused the damage, subject to proof.

Security Deposit (by Vee [OH]) Posted on: Apr 18, 2019 9:44 AM

I would be asking the tenants insurance to pay for the guest created problems, or the tenants themselves - what does CA landlords do?

Security Deposit (by LindaJ [NY]) Posted on: Apr 18, 2019 10:01 AM

Can you prove it?

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