Residential security deposit requirements in California are
the topic of this blog post. This post will discuss briefly some of the main provisions
of Civil Code section 1950.5 which governs a security deposit for a residential
property in California. California
tenants who rent residential property are often unaware of the more important
provisions relating to security deposits such as how much security deposit the
landlord can require them to pay when they move in and if the landlord can call
any portion of their security deposit nonrefundable. Some landlords in California do attempt to
collect a nonrefundable “cleaning deposit” when a tenant signs a lease even
though that is prohibited by California law.
One of the most important provisions is found in Civil Code
section 1950.5(c) which states in pertinent part that, “A landlord may not
demand or receive security, however denominated, in an amount or value in
excess of an amount equal to two months’ rent, in the case of unfurnished
residential property, and an amount equal to three months’ rent, in the case of
furnished residential property, in addition to any rent for the first month
paid on or before initial occupancy. Thus a landlord cannot require that a
tenant pay more than an amount equal to two months rent for an unfurnished unit
and more than an amount equal to three months rent for a furnished rent.
Civil Code section 1940.5(g) provides that if the tenant has
a waterbed the landlord is entitled to increase the security deposit in an
amount equal to one-half of one month’s rent.
Another very important provision is found in Civil Code
section 1950.5(m) which states that, “No lease or rental agreement may contain
a provision characterizing any security as “nonrefundable.”
The landlord can only claim from the security deposit those
amounts that are reasonably necessary such as:
The repair of damages to the premises, exclusive of ordinary
wear and tear, caused by the tenant or by a guest or licensee of the tenant.
The cleaning of the premises upon termination of the tenancy
necessary to return the unit to the same level of cleanliness it was in at the
inception of the tenancy.
To remedy future defaults by the tenant in any obligation
under the rental agreement to restore, replace, or return personal property or
appurtenances, exclusive of ordinary wear and tear, if the security deposit is
authorized to be applied thereto by the rental agreement.
The landlord cannot charge
the tenant for any damages that occurred before
the tenant moved in pursuant to Civil Code section 1950.5(e) which states
that, “The landlord may claim of the security only those amounts as are
reasonably necessary for the purposes specified in subdivision (b). The
landlord may not assert a claim against the tenant or the security for damages
to the premises or any defective conditions that preexisted the tenancy, for
ordinary wear and tear or the effects thereof, whether the wear and tear
preexisted the tenancy or occurred during the tenancy, or for the cumulative
effects of ordinary wear and tear occurring during any one or more tenancies.”
Civil Code section 1950.5(g) which governs the disposition
and return of the security deposit is quite detailed but briefly stated it
requires that within 21 calendar days after the tenant has vacated the premises
the landlord must personally deliver or mail to the tenant an itemized
statement that details all the charges made against the security deposit as
well as returning any remaining portion of the security deposit to the tenant. The landlord must also includes copies of all
relevant documents such as bills, invoices, etc. showing the charges that were
incurred if the landlord or landlord’s employee did not do the work. If the
landlord or landlord’s employee did do the work the statement must describe the
work performed, the time spent and the reasonable hourly rate charged for the
work. The landlord does not have to
provide copies or a detailed itemization if the deductions for repairs and
cleaning together do not exceed $125.00.
A landlord may not make a bad faith claim or retain a
security deposit in bad faith. If they do they may be subject to statutory
damages of up to twice the amount of the security, in addition to actual
damages and they will have the burden of proof as to the reasonableness of the
amounts claimed. See Civil Code section
1950.5(l).
A tenant can sue their former landlord in small claims court
as long as their statutory and actual damages do not exceed the current limit
of $10,000.00. See Civil Code section 1950.5(n).
Attorneys or parties in California that would like to view a
sample security deposit dispute letter in Microsoft Word format created by the
author can use the link shown below.
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DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
