Is it legal in th state of CA, for a landlord to charge first last and deposit?

Question

I moved into a new place in may of this year in sacramento ca. I have been told by everyone i know and some that i dont know that it is NOT legal for a land lord to charge for firstmonths rent last months rent and a deposit. I want to know if this is true. My rent is $1,050.00 and I was asked to pay $1,050 first $1,050 last and $1,050 deposit. That is alot of money and I need to know if i am reqired to pay it all or not. Thanks for any help!!!

Answer 1

You can not charge for "first and last months rent", but you can charge for "first month and a deposit equal to one month's rent".  So, it is semantics, and yes most places are charging first and last.

Answer 2

Totally legal.

Answer 3

This is typical and has been for many years. The last months rent was added to most contracts/leases since people were moving out early and failing/refusing to pay the last months rent. In Ohio, they made it illegal for a landlord to use a deposit for the last months rent. It was "strictly" a deposit to cover damages.

Answer 4

It is legal.

There is no longer a formal distinction among tenant deposits, i.e., security, cleaning, last month rent, pet, key, waterbed deposits, etc. California recognizes only a unitary security deposit. This is defined as any advance payment to the landlord to be used to remedy defaults in rent payments, repair of damage to the premises exclusive of normal wear and tear, cleaning upon vacation by the tenant, or to restore damage to specified landlord personal property in the custody of the tenant where the rental agreement so provides. Landlords may not charge any non-refundable deposits or "fees" {Civil Code Sec. 1950.5}.

The statute implies, but does not explicitly require, that this deposit be held separate by the landlord. Payment of interest is not required by State law, but several local jurisdictions do require it. Landlords who own rentals in Berkeley, Cotati, East Palo Alto, Hayward, Los Angeles, San Francisco, Santa Cruz, Santa Monica, Watsonville and West Hollywood must pay interest to tenants on deposits. Call the applicable rent board, city clerk or apartment association for further information or requirements.

The security deposit may not exceed three months' rent if the premises are rented furnished, two months rent if they are rented unfurnished. An amount equal to an extra one-half months rent if the tenant has a waterbed {Civil Code Sec. 1950.5}.

Within three weeks (21 days) of the date the tenant vacates the landlord must provide an accounting of any charges to the deposit in writing. The landlord may not charge for repairs, cleaning, etc., above and beyond reasonable wear and tear. The accounting may be mailed to the tenant's last known address together with any refund due. Failure to do this in bad faith subjects the landlord to any actual damage suffered by the tenant, as determined by the court, plus statutory damages of up to $600 {Civil Code Sec. 1950.5}.

When the landlord sells the property, before title passes, he must elect to refund any unused portions of tenant deposits to the tenants, with an accounting similar to the one mentioned above, or to transfer the unused portions of such deposits to the new owner through escrow, together with such accounting. Failure to do so subjects the new owner to joint and several liability with the old owner to any aggrieved tenants for damages {Civil Code Sec. 1950.5}.