Legal Question in Real Estate Law in California

Re: Security Deposits

First, I cannot tell whether you live in a rent-control area, because your city does not appear in your question as posted by LawGuru. However, a call to City Hall should get you the answer. Check the Government pages of your phone book for a department, board or commission that looks like it does rent control administration.

Next, in the absence of local rent control the issues your question raises are pretty much governed by two provisions of the California Civil Code, which you can review at a local public library or county law library: sections 827 and 1950.5.

Section 827 allows the landlord to change the terms of a lease upon its expiration by giving the prescribed advance notice. If your landlord gave proper notice, he/she could lawfully raise your security deposit.

Section 1950.5 is a rather lengthy statute placing limits on landlords' demands for and use of security deposits. Perhaps most important to you, it limits deposits to rent-in-advance plus two months' rent (for unfurnished) or three months' rent (for furnished) apartments. There are other limits and conditions, and you should read it carefully.

If after checking both statutes and finding out whether rent controls apply to your place, you think you have a case, you should consult a local attorney and/or a tenants' rights group.