Legal Question in Real Estate Law in California

Increase in last months rent

When I moved into my rental 9-1/2 years ago, I was asked to put up $6350.00 which covered first, last months rent and an additional months' rent which was to be returned at the end of one year. In addition, $2000.00 was included in the total amount as security deposit. The monthly rent was $1450.00 at the time of the original lease signing. This lease was month to month. During the ensuing years, the landlord increased the rent twice. The first increase was to $1650.00/month and done about five years into the lease. A second increase was made in the seventh year to $2050.00/month. The landlady has asked me to pay an additional $600.00 to cover the difference between the original ''last months' rent'' of $1450.00 and the current monthly lease amount of $2050.00. Is she justified in this request?

Thank you for your help.


Asked on 2/27/04, 3:43 pm

1 Answer from Attorneys
Martin Snitow

Re: Increase in last months rent

i'd have to look at your lease to be sure, but I think you have already paid for the last month. This is a gray area of the law.

The maximum security deposit allowed in California is twice the monthly rental if unfurnished or three times if furnished. Civil Code �1950.5(c). Since the amount you paid would be illegal if it was all a security deposit, I would argue that you had prepaid the last month's rent and it wasn't a deposit at all.

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Answered on 2/27/04, 4:09 pm


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