Can My Landlord Ask for Additional Security Deposit?

Additional Security Deposit

As a law expert, it's important to understand the laws surrounding security deposits in California. Landlords are allowed to ask for an additional security deposit if there has been a change in the tenancy, such as adding a new roommate or pet to the household. However, the additional deposit cannot exceed two or three times the monthly rent for an unfurnished or furnished unit, respectively.

It's important to note that the total security deposit, including any additional deposit, cannot exceed two or three times the rent per month for an unfurnished or furnished unit, respectively. Additionally, the landlord must provide a written receipt for the security deposit and any additional deposit paid, as well as a written statement indicating the current condition of the rental dwelling at the time the tenant moves in and any deductions from the deposit when the tenant leaves.

California law requires landlords to follow specific rules when handling security deposits, including limiting the maximum security deposit to the equivalent of two months’ rent for an unfurnished rental dwelling or three months’ rent for a furnished unit. Landlords may use security deposits to cover unpaid rent, unpaid utilities, or to repair damages caused by the tenant or the tenant’s guests.

When a tenant vacates the rental unit, the landlord has 21 days to either return the entire security deposit or provide the tenant with an itemized statement of deductions made from the deposit. Failure to return the security deposit or provide an itemized statement of deductions within 21 days may result in legal issues for the landlord.

If a landlord fails to give the entire security deposit back in violation of the rental agreement, the tenant can bring the landlord to small claims court. If deductions are made, the itemized statement must include an explanation of the deductions, the cost of each item, and any remaining balance of the deposit.

In certain circumstances, a landlord may request an additional security deposit from the tenant, such as when a new roommate or pet is added to the household. It is important to review the lease terms and seek legal advice if there are any questions or concerns about security deposits or last month's rent.

Overall, security deposits are important for both tenants and landlords, and it's important to understand the laws surrounding them to ensure that they are handled fairly and legally. Seeking the advice of a qualified attorney or local tenants’ rights organization can provide guidance and support for both tenants and landlords.