Legal Question in Real Estate Law in California

Can a landlord take late fees out of your security deposit after you have moved?


Asked on 3/24/10, 3:52 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, if the late fees are otherwise justified, they can be taken out of a security deposit - that's what the security deposit is for.

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Answered on 3/29/10, 5:08 pm

The "security" deposit is not to pay for a guard at night, or an alarm system. It is to "secure" your performance of the terms of the lease. If you do not perform, by failing to pay late fees, the landlord can take them out of the deposit at any time.

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Answered on 3/29/10, 10:22 pm


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