Legal Question in Real Estate Law in California

I am renting an apartment and the landlord is already charging 2 months rent as a security deposit. She is also charging an additional $150 per person "Processing fee" to add my daughter and husband to the lease on top of the $41 per person application fee, and also want to an another $250 deposit for pets. Is this legal, and if know, what can you do about it?


Asked on 11/20/10, 3:06 pm

2 Answers from Attorneys

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

I'm looking at the early-2010 version of Civil Code section 1950.5 and 1950.6, and it looks like the maximum security deposit is equal to two months' rent for an unfurnished place, and three times if it is rented fully furnished, and the maximum application fee is $30 per applicant. Therefore, the landlord seems to be overreaching a bit, unless there are changes in the law or special circumstances I don't know about. I guess maybe you have to decide whether this particular place is a good deal overall, or maybe ask for an explanation of why the fees seem to exceed what's allowed under the Civil Code.

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Answered on 11/26/10, 10:41 am
Anthony Roach Law Office of Anthony A. Roach

Civil Code section 1950.6 was enacted in 1996, and limits the application screening fee to 30 dollars, but also contains provisions that the 30 dollar application screning fee may be adjusted annually by the landlord or his or her agent with an increase in the Consumer Price Index, beginning in 1998. I know from the last time I researched this issue, in 2006, the maximum allowable fee was $37.57. I wouldn't be surprised if the $41.00 application fee meets and is commensurate with the Consumer Price Index.

A pet deposit is considered part of the security deposit, regardless of what the landlord calls it. (Civ. Code, sect. 1950.6 subd. (b).) The security deposit cannot be higher than two months rent for an unfurnished property and three months rent for furnished property. (Civ. Code, sect. 1950.5 subd. (c).)

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Answered on 11/27/10, 2:22 pm


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