How much a landlord can deduct from the deposit?

My landlord is selling the house and has given me 30 days notice. I just rent a room from him in Northern California (San Mateo County). He is also living in this house and sublets two rooms to other people. When the other tenant moved out, they had a fight about refunding the deposit. The other tenant is not a smoker and did clean up the room before moving out. Things in his room are still in good shape. However, my landlord still deducted him more than 50% (=$400) from his deposit. His room is less than 100 square feet. This doesn't make sense to me. I am moving out soon and afraid of the landlord will do the same thing to me.

Is there any laws to tell us how much a landlord can deduct from the deposit? If I think this is not fair, can I file a small claim against the landlord? How soon is he supposed to refund the deposit to me? If I cannot find a place within 30 days, can I still stay for a few more days? Is there any websites or legal aids groups I can research for tenant rights in California?

Please advise. Thanks!

in california the landlord can only deduct the actually cost of the materials and labor out of your deposit to fix the room. He also has to include a receipt for all charges as well. The law went into effect about 3 years ago.

check this site out it has the same info i am trying to tell you.
http://www.caltenantlaw.com/Deposit.htm

there is actually a landlord/tenants court. As a practical matter, it would take more than 30 days to get evicted. Do you have a written lease? IF SO, READ IT! If you don't, why don't you just withhold the last month's rent, so that you know he can't take it out of your deposit? This is not legal, but it works. If I were you, I'd get out as fast as you can, don't plan on staying. It could be very uncomfortable.

I don't know about the laws in California but check your lease agreement. There should be a list of items and the amount to be deducted for damage (i.e., damage to walls, countertops, faucets, flooring, doors, etc.) He shouldn't deduct anything for normal wear and tear. Contact your local bar association and they can refer you to several attorneys who deal with tenant rights. Good Luck!

It should be spelled out in your Lease Agreement. Hopefully, you had one. The landlord can deduct costs for any damages, cleaning fees, back due rent, etc. But, he has to prove these things occurred. AND, you, likewise will need to prove everything was o.k. Take pics!!!!! You can file a small claim against him, but, like I said, you need to have "all your ducks in a row." In other words, proof, proof, proof. Do your homework before you ever go to court. Research the Landlord/Tenant Laws for your state. Each state is different. If you can't afford an attorney to consult with, call your local legal aid office. They will be able to give you all the info you need. Best wishes!!
P.S Round up any and all receipts you have received from him, or cancelled checks. You'll need them.

In general (states differ so find out for sure) a landlord has 14 days to refund your deposit WITH itemized deductions. That means they are required to itemize what they withheld. One other answerer said they can't deduct for wear & tear and that is correct. It sounds like your landlord is a bit of a wheeler dealer and just be sure to have your back up information with you. If you didn't sign a lease, he's required to follow the local laws which govern the length of time to refund and how it's to be done. I'd check with your county/state tenant landlord statutes.

You've asked a bunch of questions, so I'll try to help one at a time. California Dept. of R.E. law includes Tenant/Landlord stuff, and you can download what you want from ther website (search initially for something like: "calif. department of real estate.gov" and you will see the proper website name come up. Go there and find what you need. I would print the significant portions to show your landlord you know what time it is when the witching hour arrives. Generally, the Lease/Rental Agreement will permit a landlord to deduct from your deposit whatever sum is required to return his property to its original condition. Of course there are landlords who will take advantage of tenants who he/she deems to be unable to stand up for their rights, and will grab the entire deposit.
Small Claims courts can be accessed for tenants' grievances, but if you are being unfairly treated by the landlord you can file a complaint with the Department of R.E (I think you will be able to speak directly over the phone with a deputy there who will advise you. BUT FIRST, phone Consumer Affairs Dept (listed in the State Government Offices in your phone directory) to get first-hand advice on how to proceed, perhaps by someone assigned to your complaint). California can be really nasty to landlords who take advantage of tenants and steal their money.
Regarding your landlord's rights, if your agreement/contract states upon proper notification to you he has the right to require you to vacate in 30 days (if he first notifies you prior to the effective 30-day period as set forth in the agreement), then you must do so. Since the house has been sold, it seems very unlikely you can "hold over" for an additional period. Your agreement will clearly state how soon after you vacate he must refund your deposit - usually 30 days.

IMPORTANT! Be sure to have your landlord enter your premises IMMEDIATELY PRIOR TO YOUR VACATING THEM to inspect and report his conclusions to you regarding the condition of your room and any deductions he will take (if any) from your $800 deposit (have a friend there during his inspection as a witness, in case he has a change of mind after you depart and wants to pocket more of your money than agreed upon). If you honestly disagree with his decision, immediately take a number of clear photos of your room, with your witness present and have them developed that same day. (The pics will be dated).
Before you make your final departure, talk with the landlord and remind him of his position after inspecting your room, and your photos showing how clean and orderly it was just prior to your vacating it, the fact you have a willing witness, and of your chat with Consumer Rights and/or a deputy at the Dept of R E in Sacramento, and finally, if he will not relent you will file against him in Small Claims Court (where greedy landlords are severely dealt with and the loser is required to pay all costs incurred by the winner). In other words, arm yourself with all available weapons, and then get into his head.
Finally, begin studying the "For Rent" ads, keeping in mind LOCATION. Living a few miles further from your place of employment may be a big bunch better than paying a premium rent. San Mateo Count will bring higher rents than locations at the eastern end of the Dumbarton Bridge.