Legal Question in Landlord & Tenant Law in California

pet deposit
I am going to be moving and my security deposit is $1875.00, and I have an additional pet deposit of $500.00 The lease says that i will get my security deposit back if no damages, etc., but it does not say anything about refunding the pet deposit. If there is no damage, is the pet deposit refundable? Also the new p;ace I am moving into has the security deposit the same as the rent amount. The pet deposit only $50.00. My rent at the last place was only $1250. deposit $1875. Is there no rules about the amount of deposits tenants can be charged?

Asked on 9/04/08, 7:03 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

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Re: pet deposit

There are an entire series of rules that relate to security deposits in California. The maximum amount a landlord can charge is 2x the amount of the rent at the time you begin your tenancy. The landlord in this case has not violated that, as even at $1,875 plus $500, he is less than twice the amount of your rent. Yes, the pet deposit must be returned along with the security deposit within 21 days of your surrender of the property to the landlord, OR the landlord must provide you with an accounting of the use of the security deposit. The landlord may only charge you reasonable amounts for damage that exceeds normal wear and tear, and with that accounting, they must provide you with copies of the receipts for the work done unless your lease says that they don't have to. Your new landlord's choice to only charge you a security deposit of one-month's rent and a pet deposit of $50 is a business decision, and has nothing to do with the law regarding security deposits. I strongly suggest that prior to moving out you contact your landlord, have them do a pre-inspection with you (they are actually required by law to do this, but most don't) and provide you with a list of what they see wrong and will intend to charge you for so you can fix the items prior to moving and get your full security deposit back. Cleaning and carpet cleaning are almost always an issue - have the carpets professionally cleaned and provide the landlord with the receipt for it, unless the carpet is too damaged to be used again.

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Answered on 9/04/08, 12:48 pm

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