Legal Question in Real Estate Law in California

Maximum secuity deposits

How is a security deposit established? Is it related to the monthly amount of rent? Can a landlord charge me an additional deposit fee's for pets or smokers? Can a landlord charge me a secrity deposit, first, and last month rent to move in?

Thank you


Asked on 2/27/03, 3:54 pm

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Maximum secuity deposits

Generally, security deposits are equal to one-month's rent. Landlords can charge additional deposits for smokers and/or pets and can charge first, and last months rent in addition to the security deposit, prior to move-in.

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Answered on 2/27/03, 4:02 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Maximum secuity deposits

The maximum permissible security deposit for a residence is two months' rent if the place is unfurnished, or three months' rent if it is furnished.

The first month's rent, even if paid in advance, is NOT part of the security deposit.

If you put up the last month's rent in advance, however, that is considered PART OF the security deposit.

The two or three months' rent maximum cannot be exceeded for any reason, including pet or smoker deposits.

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Answered on 2/27/03, 4:48 pm


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