Rental Laws in CaliforniaIs requiring a non-refundable security deposit for a rental agreement legal in California? The State Law in California states:

A landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes. The security deposit cannot be used for repairing defects that existed in the unit before you moved in, for conditions caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when you moved in. A rental agreement or lease can never state that a security deposit is "nonrefundable." (217 Under California law,)

But wait, isn't it reasonable in these troubled times for a landlord to want something "extra" from a tenant who is a good risk otherwise, but would not qualify due to a recent foreclosure, short sale or credit issues? Maybe... But they can't require a non-refundable deposit!

What are your thoughts?

Check out more information on California Landlord/Tenant Laws.

Visit my RENTAL portion of my Real Estate website for Leases available in Thousand Oaks, Westlake Village, Agoura Hills and Newbury Park, California.

 

 

Kathy Smiley :)

REALTOR® ,ABR, ePro, Green, SFR, Certified HAFA Specialist

Prudential California Realty

Westlake Village, CA 91362

(805) 497-7804

www.WestlakeVillageHomeExpert.com

www.KathySmileyHomes.com

"RESULTS THAT WILL MAKE YOU SMILE!"

SMILEY SOLD GIRL

 

 

 
This post has been included in California Real Estate News Ventura County, CA Real Estate News
Post is included in group: Posts to Localism

7 Comments on Are Non-Refundable Security Deposits Legal in California?

MAR
17
2011
285,965 Points Called Shot Master

Thanks for the information and update Kathy.

cheers

Nor
12:16am • #1
360,586 Points 76 Featured Posts Outside Blog Called Shot Master

Tenants with only a recent foreclosure are better tenants.  They aren't going anywhere!
12:25am • #2
1 Featured Post Outside Blog Attended Rain Camp

Nor - you are welcome. Bookmark that site if you do leases here in Cali,.

Tni - I know, you are right. The first thing is the roof over your family's head, so tenants do not want to jeapordize that!
12:28am • #3
466,570 Points 50 Featured Posts Called Shot Master

Kathy, I'm sure landlords will have to compromise on their credit requirements in these times, or they may less people to rent to.
12:45am • #4
797,591 Points 5 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Haven't seen anyone ask for nonrefundable deposits here in CA...yet.
1:17am • #5
596,146 Points 70 Featured Posts Outside Blog Called Shot Master

Kathy - I think it's ridiculous that landlords can't use the security deposit to clean the unit up.  As a former landlord, hubby and I never saw our rentals as clean or in the same condition it was in when it was rented.  Yet God forbid we ever try to refund a partial deposit because we used some of it to clean the rental after the tenants left.  This is one of the many reasons that we eventually got rid of all of our rentals.  I hated being a landlord and will never do it again. 
1:34pm • #6
1 Featured Post Outside Blog Attended Rain Camp

Pamela - I think you are right, however we are seeing way more demand than available rentals here..

Michelle - I'm in CA and I hear of it all the time. It's a big no-no.

Donne - tell me how you really feel! ;) I know, however if you had it cleaned when they moved in, you can charge them for cleaning it when they move out: (For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;214). Clean is in the eye of the beholder, however..

 
8:10pm • #7


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