Q: My security deposit is not returned and I'm being charged for cleaning. Is that legal?

A: Hello. California law allows a landlord to use a security deposit for four purposes: 1) unpaid rent; 2) for cleaning the unit, but only to make the unit as clean as when the tenant first moved in; 3) for repair of damages, other than normal wear and tear, caused by the tenant or his/her guests; and 4) if the lease allows it, for the cost of restoring or replacing furniture, furnishings, or other personal property, aside from normal wear and tear.

Importantly, the landlord can only withhold those amounts that are reasonably necessary for the above purposes. The security deposit cannot be used for repairing defects that existed before you moved in, for normal wear and tear, or for cleaning a rental unit that is as clean as it was when you moved in.

The landlord has 21 days from when you moved out to either 1) send you a full refund; or 2) mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions. The landlord also has to send you copies of receipts for the charges that the landlord incurred to repair or clean the unit.

Now, it will come down to your word vs. the landlord's. Do you have an inspection report from when you first moved in, or other proof of the unit's condition when you moved in? Has the landlord provided you with an itemized list of repair and receipts for the work?