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Security Deposit
At the beginning of the tenancy, the landlord most likely will require tenant to pay a security deposit. The landlord can use the security deposit, for example, if the tenant move out owing rent, damage the rental unit beyond normal wear and tear, or leave the rental less clean than when the tenant moved in.87
Under California law, a lease or rental agreement cannot say that a security deposit is nonrefundable.88 This means that when the tenancy ends, the landlord must return to the tenant any payment that is a security deposit, unless the landlord properly uses the deposit for a lawful purpose.
Almost all landlords charge tenants a security deposit. The security deposit may be called last month’s rent, security deposit, pet deposit, key fee, or cleaning fee. The security deposit may be a combination, for example, of the last month’s rent plus a specific amount for security. No matter what these payments or fees are called, the law considers them all, as well as any other deposit or charge, to be part of the security deposit.89
87 Civil Code Section 1950.5(b).
88 Civil Code Section 1950.5(m).
89 Civil Code Section 1950.5(b).
You might also want to read:
- Tenants Guide to Legal Actions for Obtaining Refund of Security Deposits Tenant can file a lawsuit in small claims court for the amount of the security deposit plus court costs, and possibly also a penalty and interest, up to a maximum......
- Tenants Guide to Refund of Security Deposits The most common disagreement between landlords and tenants is over the refund of the tenant’s security deposit after the tenant has moved out of the rental unit. California law therefore......
- Tenants Guide to Application Screening and Tenant Processing Fees The law allows the landlord to require a tenant to pay an application screening fee, in addition to the security deposit.90 The application screening fee is not part of the......
{ 2 comments… read them below or add one }
No matter what you call it, the landlord may not give you the deposit back if you don’t take care for the end of tenancy cleaning
If I were a landlord I would certainly get a deposit. It’s dangerous time. I’m still wondering why didn’t my landlord want a deposit from me