Legal Question in Landlord & Tenant Law in California

Rental Deposit

We had to pay a cleaning deposit of $1000.00 and also 1st and last months rent of $1650.00 ea. Grand total of $4300.00 to move into an unfurnished house. If I understand the civil code 1950.5 correctly this is illegal and the owners owe us money back. They also put into the lease stating that the 1st and last months rent is non-refundable which again under 1950.5 is illegal. I believe that due to how they worded the contract we are entiltled to have our $1650.00 back now and not have to what to the end of the lease to use it as last months rent.


Asked on 9/20/07, 11:10 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Rental Deposit

Absolutely illegal!. You are correct!.

If you go to Small Claims Court, you should be awarded damages (i.e. refund + interest + court costs), and the Judge will (or should) void the lease, or at least the illegal provisions.

If you read many of my earlier answers, I firmly believe in certified letters to landlord(s), especially an attorney's letter which frequently get a quicker. and better response, than writing one yourself.

I would especially recommend one here, especially, since a SCC Judge should award you the costs of the attorney letter, as well as the above, should you have to sue.

Please feel free to e-mail, or call, my office if you need more.

Good luck!

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Answered on 9/20/07, 11:27 am


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