Legal Question in Real Estate Law in California

tenant/landlord issue

Can a landlord charge you more than your deposit if they feel that there is more damage than your deposit can cover


Asked on 5/04/09, 4:10 pm

2 Answers from Attorneys

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

Re: tenant/landlord issue

First, there is a maximum deposit. I believe it is one month's rent for an unfurnished place and two months rent if fully furnished. If your deposit is less than the maximum, the landlord can ask you to increase the deposit up to the maximum IF the lease or rental agreement also allows this kind of change to the terms. Most leases cannot be so modified during the lease term, but month-to-month rentals can be modified, given adequate prior notice.

On the other hand, you have to distinguish the giving of a security deposit, on the one hand, from compensating the landlord for damage beyond normal wear-and-tear, on the other. If a tenant does substantial damage to an apartment, for example by negligently setting it on fire, the landlord is perfectly entitled to demand that the tenant pay for the damage immediately, and can sue the tenant if the tenant doesn't pay.

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Answered on 5/04/09, 4:31 pm
Terry A. Nelson Nelson & Lawless

Re: tenant/landlord issue

Of course, and sue you if it is not paid.

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Answered on 5/04/09, 5:13 pm


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