Legal Question in Real Estate Law in California
Deposit plus Last months rent
Is there a law that states that a landlord can not charge a deposit and last months rent along with first months rent??
Asked on 8/09/01, 9:10 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: Deposit plus Last months rent
Not specifically, but the so-called 'last month's rent' would be considered part of the deposit. Therefore, the sum of the two would be looked at together in determining whether the deposit was excessive. As I recall a landlord cannot exceed two months' rent if the place is unfurnished and three months rent for a furnished unit.
From a tenant's point of view, if you have to put up $X deposit, you are better off if half of it is the last month's rent, because you have an almost guaranteed way of getting it back.
Answered on 8/10/01, 5:57 pm