Almost all landlords require a security deposit before a tenant moves in. The deposit is returned to the tenant when the lease ends, minus any amount needed for repairs or other costs passed onto the landlord. Show
In California's rental market, some questions come up often: How much can a landlord charge for a security deposit? Is there a limit? No matter what terms the landlord uses: "cleaning fee," "last month's rent," "key deposit,"or "pet deposit," it's all the same thing. There is a limit to the amount a landlord can charge you to move in. Let's explore a few highlights of California's security deposit limits and related laws. Is there a Security Deposit Limit in California?Yes, there is a maximum amount of money a landlord can charge a tenant for a security deposit. In California, it's based on whether the unit is furnished. For unfurnished units, the landlord can't charge more than two months' worth of rent. For furnished rentals, the landlord can charge up to three month's rent for the security deposit. This is in addition to the first month's rent. Can any part of the deposit be deemed "nonrefundable?"Not in California. Nonrefundable deposits are against the law. This usually comes up in the context of "pet deposits." The landlord can require you to pay extra for your animal, but only within the limits we just discussed and the pet fee can't ever be nonrefundable. When I Move Out, What Can the Landlord Withhold from My Security Deposit?In California, the landlord can without all or part of your security deposit for the following reasons:
How Long Does the Landlord Have to Return My Deposit?The landlord must return your security deposit within 21 days after you move-out. Your landlord must include an itemized list of any deductions taken from your deposit. The following table highlights the main provisions of California's Security Deposit Law. See Security Deposit Laws, Security Deposit Basics, Security Deposit FAQ, Security Deposit Return Guidelines, and the California Courts Self Help page for more general information on those topics.
Note:State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Free Initial Case ReviewLandlord and tenant issues California are extremely complex and are especially complicated due to rent control ordinances and other laws. If you are a tenant who is concerned with California's security deposit limitations, then you need to talk to an attorney about the specifics of your case. Start today by getting a free initial case review by a California attorney. Security DepositsThe landlord can require a security deposit when you move in. Security deposits include:
Your first month’s rent is not a security deposit. ”Non-refundable” security deposits are against the law. How much can the deposit be?No more than two months’ rent for an unfurnished unit. For a furnished unit, the deposit cannot be more than three months’ rent. What can my deposit be used for?When you move out, your landlord can use your deposit for:
The landlord cannot use the deposit for repairs due to “ordinary wear and tear.” When does my landlord have to return my deposit?The landlord must return your deposit within 21 days after you move out. If any deductions are made, the landlord must give you a written explanation. He must also give you a refund of the balance. If your landlord does not return the deposit, or if you disagree with the amounts deducted, you can sue in Small Claims Court. For more information, contact our Small Claims Advisors. Instead of going to court, you can also try our free mediation program to help you resolve the dispute. What if the building is sold?If your landlord sells the building, he must return your deposit or transfer it to the new owner. If neither happens, then both the old and new owners are responsible for returning your deposit. Can I collect interest on a security deposit?State law does not require landlords to pay interest on security deposits, but some local rent control laws do. Call your city’s rent control board at the following numbers:
Can the landlord increase my security deposit during my tenancy?Yes. However, your landlord must first give you a 30-day written notice. Your landlord may not be allowed to raise your deposit if:
Civil Code 1950.5 County of Los Angeles Department of Consumer and Business Affairs. Last change: Dec. 1, 2013 Can a landlord charge first last and deposit in CA?For a non-furnished residence, a landlord cannot charge more than twice the rent, plus the first month's rent, as a deposit. For a furnished residence, landlords can charge up to three times the rent in addition to the first month's rent. Civil Code §1950.5(c).
How much deposit can a landlord ask for in California?If the security deposit is for a residential property without furniture, the security deposit may equal 2 times the rent. If the residence is furnished, the landlord may charge up to 3 times the rent. There is no restriction on the amount of the security deposit for the rental of a commercial property.
What a landlord Cannot do California?Tenants cannot be evicted for making a complaint against the landlord or for anything discriminatory. Under the Fair Housing Act, it's illegal for landlords to discriminate against a prospective tenant based on sex, race, color, national origin, religion, familial status, or disability.
Can a landlord ask for first and last month rent plus security in PA?Pennsylvania law limits the amount of security deposit a landlord can demand. During the first year of the lease, the security deposit cannot be more than two months' rent. A landlord might ask the tenant to pay a security deposit plus “the last month”.
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Can a landlord ask for first last and security deposit in california
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