Legal Question in Landlord & Tenant Law in California

Re: Overpaid security deposit

First, I have to assume that this is a residential rental, and not a commercial property. If this is a question about commercial property, you need to repost it and state that to get a proper answer. The following only applies to residential rentals.

The landlord can only charge a security deposit which is equal to, or less than two month's rent, except in the case of a furnished rental, in which case they can demand three month's rent. They can, as the rent increases, require an increase in the security deposit. However, they can charge the first month's rent in addition to this security deposit when you move in. As such, that three months may be first plus security deposit. If not, then yes, you may have been overcharged. If the landlord is refusing to refund it, you can sue him, but that will probably just get you evicted. You may wish to contact a local attorney and have a gentle "reminder" letter sent to the landlord indicating the governing law and requesting the application of the excessive security deposit to your rent. You can do the same - the applicable statute governing maximum security deposits is California Civil Code � 1950.5(C).

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