Legal Question in Landlord & Tenant Law in California
added security deposit
Have been living at same place for 10 yrs.Landlord wants another sec.dep.,(that I can make in payments)claiming I failed to pay rent one time yrs.ago.(I do not recall this),and she used the dep. @ that time.There are amny repairs to be made: She has never changed carpet,heating ducts are falling apart,pool doesn't work. About all maintenance has been done by myself.She even ignored our concern of toxic mold in bathroom!She also raised the rent, but I'm pretty sure she's w/i her legal limits.Please help!
2 Answers from Attorneys
Re: added security deposit
I would need to get some additional information from you about this issue. Such as what state you live in and possibly a fax of your lease docs. If you can provide me with this in an email i would be more than happy to help you. Please email me at my main email "[email protected]"
Re: added security deposit
Generally, California law allows a landlord to charge up to two times the rent for an unfurnished apartment and up to 3 times the rent for a furnished apartments deposit. Also, a landlord may deduct from a deposit for rents previously unpaid, however they must give written notice of doing so. Further, a landlord may increase a deposit by giving a 30 day notice of change of terms in tenancy (a general letter is sufficient if it details the changes). Although it is unclear if the landlord gave proper notice, what the landlord is doing appears legal.
As to the issues of unrepaired items, a tenant may repair and deduct up to one months rent if repairs have been requested and not fulfilled. You are required to give notice of repairs in writing and give the owner notice that you will repair and deduct from the rent the amount of the repairs if the repair is not done within a reasonable time, typically 30 days unless an emergency. However, you MUST use the withheld rent to do repairs, not just to not pay that months rent and provide proof of the repairs to the landlord.
This is not intended as legal advice on a particular case but as information on general california law. If you need advice on your particular matter, consult an attorney.