Tenant Security Deposit Lawyers

Helping Tenants Reclaim Deposits That Are Rightfully Theirs

When you pay a security deposit when renting property in California, you probably expect to receive that money back once you move out and leave the unit in a reasonable condition. Unfortunately, some landlords and property management companies will use any number of tactics to avoid returning that deposit, even if the law clearly states they must. If this has happened to you, it’s time to fight back with legal action led by an award-winning law firm.

At Kershaw Talley Barlow, we have spent more than a century of combined experience holding large companies accountable for policies that harm the people they are supposed to serve. We have recovered more than $1 billion for our clients through settlements and verdicts, and we bring that same commitment to tenants throughout California who believe their security deposit was wrongfully withheld. Renting an apartment should not come with hidden financial risk, and we work to make sure tenants are not left footing the bill for a landlord's convenience or a property manager's bottom line.

If you believe your security deposit was withheld unfairly, we encourage you to reach out to us at (916) 520-6639 for a free consultation to review your situation.

How We Handle Security Deposit Cases and Class Action Lawsuits

We are currently investigating two potential class actions: one against UDR, Inc., a property management company whose deposit policies at properties such as Bella Terra in Huntington Beach, and one against a property management company called Shore Management in San Diego. Both companies have allegedly withheld money that rightfully belongs to former tenants. Our investigation has uncovered a pattern that plays out across Sacramento and throughout California, which involves property managers adopting internal policies that shortchange tenants systematically, both subtly and brazenly.

Our process to investigate these claims typically includes the following steps:

1. Reviewing the lease agreement, move-in inspection records, and move-out documentation.
2. Evaluating the specific deductions the landlord or property manager made and whether those deductions align with California law.
3. Looking into whether other tenants at the same property or managed by the same company experienced similar deductions.
4. Determining whether the situation calls for an individual claim or a class action on behalf of a larger group of affected tenants.

How Landlords and Property Managers Wrongfully Withhold Security Deposits

California Civil Code Section 1950.5 sets clear rules for how landlords can use a tenant's security deposit after move-out. Under this law, deductions are only allowed for unpaid rent, cleaning needed to return the unit to the same level of cleanliness present at move-in, repair of damage beyond normal wear and tear, and other specific defaults outlined in the lease. Landlords are also required to provide tenants with an itemized statement of deductions and “before and after photos” within 21 days of move-out.

Despite these requirements, many landlords and property management companies withhold deposits using reasons that do not hold up under California law.

Common examples include the following:

• Charging tenants for normal wear and tear, such as minor carpet wear, small nail holes, or faded paint.
• Charging tenants for cleaning and/or painting expenses that go beyond normal wear and tear.
• Failing to provide an itemized statement of deductions within the legally required 21-day window.
• Applying flat or generic deduction amounts across many tenants regardless of each unit's actual condition.
• Charging tenants for damage or conditions that existed before they moved in.
• Deducting for cleaning services beyond what is needed to match the unit's original move-in condition.
• Withholding a deposit altogether without offering any explanation.

When One Tenant Is Shortchanged, Others Usually Are Too

Security deposit violations rarely happen in isolation. When a property management company adopts a policy or standard procedure for handling move-outs, that same policy typically applies to every tenant the company manages. If a property manager routinely applies a flat deduction fee, uses a flawed move-out inspection process, or trains staff to interpret normal wear and tear too narrowly, the financial harm can extend across an entire apartment complex or property portfolio.

When a large group of tenants suffers the same type of harm because of the same underlying policy, pursuing that harm collectively, such as through a class action, allows each affected tenant to seek accountability without needing to fund or manage a lawsuit alone. Our class action team can evaluate whether a pattern of tenant complaints points to a company-wide policy affecting many renters, rather than a single dispute between one tenant and one landlord. If it does, we’ll remain ready to take action and protect the rights of California renters.

What Compensation a Successful Security Deposit Lawsuit Can Provide

Tenants who succeed in a security deposit claims might be able to recover more than the amount that was wrongfully withheld. Part of our role as your chosen security deposit attorneys will be to look for all avenues of compensation that could be available to you.

Under California law, compensation in these cases can include the following:

• Return of the wrongfully withheld portion of the deposit.
• Statutory damages of up to twice the amount of the deposit when a landlord withholds funds in bad faith, on top of the amount owed.
• Compensation for related costs tied to the wrongful withholding, depending on the specific facts of the case.
• For class actions, recovery extended to every tenant affected by the same policy, not only the tenant who first brought the claim forward.

We Are Ready to Review Your Situation

If a landlord or property management company in Sacramento withheld part or all of your security deposit and the explanation did not sit right with you, you are not the only tenant this might have happened to. We are currently investigating a potential class action involving deposit practices like these, including at UDR, Inc. and Shore Management properties, and we want to hear from tenants who believe they were affected.

Contact Kershaw Talley Barlow at (916) 520-6639 for a free consultation to learn more about your options.