Legal Question in Landlord & Tenant Law in California

is it legal to charge 1st and last month rent plus security deposit


Asked on 3/22/11, 3:38 pm

1 Answer from Attorneys

Yes, although the law is unclear on the legality of charging last month's rent plus deposit if they total more than two months rent. The maximum legal deposit is two months rent. I am not aware of a clear rule in statute or case law stating whether the last month's rent paid in advance is considered part of the deposit or not. When I was a landlord I always took first month's rent and a two-months-rent deposit, and then provided in the lease that if the tenant gave sufficient notice and an inspection of the premises showed they were in good condition, I would allow up to 1/2 of the deposit to be applied to last month's rent.

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Answered on 3/22/11, 3:44 pm


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