Legal Question in Real Estate Law in California

can the landlord charge you both last months rent and a security deposite?


Asked on 9/20/09, 9:35 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

The deposit requested by a landlord at the commencement of the tenancy can be allocated as rent. The entire amount charged generally cannot exceed 2 times the monthly rent. See Civil Code section 1950.5. Partially set out below:

CIV �1950.5. Security; Landlord's Use of Security

(a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant.

(b) As used in this section, "security" means any payment, fee, deposit or charge, including, but not limited to, any payment, fee, deposit, or charge, except as provided in Section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, including, but not limited to, any of the following:

Read more
Answered on 9/20/09, 11:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California