Legal Question in Real Estate Law in California

Is it illigal for a landlord to ask for first and last months rent apart from a deposit. Not only this but falsely advertise a lower price and then when you are approved change the terms and conditions by upping the deposit and adding last months rent.


Asked on 9/24/09, 2:13 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

A landlord can charge before the tenant moves in payment of first month's rent and no more than twice that rent as a security deposit. Most people call it last months rent or last months rent and cleaning deposit, but technically it is a security deposit.

If the ad clearly stated terms and conditions different from what the landlord actually offers, there is false advertising but I am not sure that would result in the basis of a civil suit because there are no damages, aside for paying for the background check, which you could legally demand back when the new terms are told to you. But as long as you are told the new terms before you start the move in, I doubt you can recover much of anything from the landlord.

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Answered on 9/24/09, 2:54 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with the foregoing, except the "no more than twice" applies to unfurnished dwelling units and "no more than thrice" (three times) would apply to a furnished dwelling.

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Answered on 9/24/09, 3:31 pm
Terry A. Nelson Nelson & Lawless

First, last and security deposit are the norm, regardless of how it is phrased. A landlord would be foolish not to demand them.

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Answered on 9/24/09, 3:33 pm


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