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.

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Answered on 5/24/05, 10:46 am


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