Legal Question in Landlord & Tenant Law in California

Can lanlords require current month-to-month tenants to pay on an increased security deposit?


Asked on 12/08/13, 9:42 pm

2 Answers from Attorneys

Yes. With 30 days notice if tenants have been there less than a year and 60 days if more than a year, provided the new deposit is not more than 2x monthly rent, which is the deposit cap under all circumstances.

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Answered on 12/08/13, 10:55 pm
Anthony Roach Law Office of Anthony A. Roach

I agree in part with Mr. McCormick. The landlord can ask that the security deposit be increased, up to a limit set by statute. The security deposit cannot be more than two (2) months rent if the unit is unfurnished, and two and a half (2.5) months rent if you have a waterbed. If the unit is furnished, the landlord can charge a security deposit up to three (3) times the monthly rent, and three and a half (3.5) times the monthly rent if it is furnished, with a waterbed. (Civ. Code, sect. 1950.5, subd. (c).) The caps do not apply to long term leases in excess of six months.

In addition to the security deposit, the landlord can ask for the first months rent in advance, and ask for an application fee, which does not apply to the statutory limits.

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Answered on 12/10/13, 7:11 am


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