According to California Law on a Rental Agreement or Lease a Security Deposit Cannot Be

According to California Law on a Rental Agreement or Lease, a Security Deposit Cannot Be…

A security deposit is a common feature of renting property, intended to cover any damage or unpaid rent at the end of the tenancy. However, landlords and tenants need to be aware of the rules and regulations around security deposits in California to avoid any legal issues.

Under California law, a landlord can only request a maximum security deposit of two months` rent for an unfurnished property, or three months` rent for a furnished property. Any amount exceeding this would be considered excessive and could result in legal action against the landlord.

Furthermore, the landlord must provide a written receipt for the security deposit and must return it to the tenant within 21 days of the end of the lease if there is no damage or unpaid rent. If there is damage or unpaid rent, the landlord must provide an itemized list of the deductions made from the security deposit and any remaining amount must be returned to the tenant.

However, there are some things that a security deposit cannot be used for under California law. According to the California Civil Code §1950.5, a security deposit cannot be used for:

1. Normal wear and tear: This refers to the inevitable damage that occurs during the course of ordinary use, such as worn carpet or faded paint. The landlord must bear this cost.

2. Cleaning: Landlords cannot use the security deposit to pay for general cleaning of the rental unit. However, if the tenant has left the unit in a state of disrepair, the landlord may use the deposit to cover the cost of cleaning it.

3. Cosmetic improvements: A landlord cannot use the deposit to make cosmetic changes to the rental unit, such as repainting or upgrading fixtures.

4. Rent for the last month: A security deposit is not to be used as the last month`s rent. A tenant is responsible for paying the final month`s rent separately.

It is essential for landlords and tenants to be aware of their rights and responsibilities under California law regarding security deposits. Failure to comply with these regulations could result in legal action and financial penalties. Therefore, it is recommended that both parties review the rental agreement carefully and seek legal advice if necessary.