Legal Question in Landlord & Tenant Law in California
Last Month's Rent as Initial Deposit
I was required to provide 1st and last month's rent as a deposit upon move in. I'm about to give my 30-day notice and don't plan to pay rent. Is that okay? Also, my rent has increased about $200 during my tenancy; would not the initial rental rate apply for my final month? Or should I expect that my landlord will try to retain, let's say, a portion of my pet deposit in order account for the additional $200?
Thank you.
1 Answer from Attorneys
Re: Last Month's Rent as Initial Deposit
You are mistaken. You still owe the current rent. A deposit is not for first and last month's rent.
Your failure to pay could result in landlord reporting you to credit bureaus, and have a negative effect on your credit.
The deposit law is quite clear. Landlords can take money from deposits for unpaid rent, damages beyond ordinary wear and tear, and cleaning, but only to the extent that the premises are dirtier than when you moved in.
Landlord must return deposit, minus charges as per the above paragraph, within 21 days with a written statement of deductions.
You are welcome.
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