Legal Question in Landlord & Tenant Law in California
Security Deposit
In California can a landlord legally ask for a security deposit each year when the yearly lease is renewed?
Asked on 5/23/05, 7:29 pm
1 Answer from Attorneys
J. Spikes
Property Law Center
Re: Security Deposit
Security deposits are governed by Civil Code section 1950.5.
If you have a fixed-term lease that automatically expires at the end of a year, the landlord can probably obtain a new security deposit, but the landlord has to return the deposit, with a full accounting of any deductions, for the previous year.
In other words, the landlord cannot simply keep collecting new deposits each year without refunding and accounting for the old deposits.
Answered on 5/24/05, 10:46 am