Legal Question in Landlord & Tenant Law in California

2x limit on security deposit

upon move in i paid as follows

first months 950.00

security deposit 500.00

pet deposit 1200.00

holding fee -100.00

move in special -500.00

total due 2050.00

did they violate the cal tenant law

1950.5 security; landlord's use of security. please say yes. i'm sure somewhere i'll still be cheated out of my deposit because whoever lobby's and writes these supposed tenants rights laws must be a landlord!!!! cuz they always seem to win. on my contract it states nothing about the pet deposit being non refundable... thanks again


Asked on 9/14/08, 3:25 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: 2x limit on security deposit

If I am reading your post correctly, they did not violate the law. A landlord cannot charge as a security deposit more than the equivalent of two month's rent. Your first month's rent is due and payable before you move in, and has nothing to do with the security deposit. Deduct $950 for the first month's rent, and you paid a security deposit of $1,100. Frankly, with a pet, that's a pretty good deal as most landlords I know would have charged you $1,900 for a security deposit. Even if you deduct the $600 of credits from the first month's rent (and not from the security deposit), you still only paid a security deposit of $1,700 which, again, is not more than the amount he is legally allowed to charge. The real question here is why would you sign a lease if you felt that you were being screwed? I can only assume that nobody forced you to sign that lease and move into that particular property.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/15/08, 12:59 pm


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