Is it legal in California for a landlord to collect a security deposit in addition to 1st & last month's rent?

Answer 1

Under CA law, any amounts collected by the landlord beyond the first month's rent and an application screening fee are considered part of the security deposit. The landlord is free to call it whatever he wishes, the law treats it as security deposit.

CA further limits the amounts that can be collected as a security deposit as follows:

# Unfurnished rental unit: The total amount that the landlord requires as security cannot be more than the amount of two months' rent. If you have a waterbed, the total amount allowed as security can be up to two and-a-half times the monthly rent.

# Furnished rental unit: The total amount that the landlord requires as security cannot be more than the amount of three months' rent . If you have a waterbed, the total amount allowed as security can be up to three-and-a-half times the monthly rent.

Landlords are not allowed to charge "non-refundable" security deposits or fees aside from the application screening fee.

Answer 2

It is probably legal. The reason they do it is obvious. You need to pay the first month rent because you will be using the living space. The security deposit is for possible damage caused by you during your tenancy. The last month rent deposit is to make sure the landlord gets their rightful last month of rent. If they didn't collect the last month rent money than you could damage the place and just skip town. Then they would be out of the last month rent because your deposit would have to go to repairs.

You are less likely to do damage if you know the landlord is holding hundreds of dollars of your money.

Answer 3

I paid it..if its illegal tell me..ill sue

Answer 4

Yes it is.