§ 1805

Citation: § 1805
Parent Document: Action Apartment Ass'n v. Santa Monica Rent Control Board, 114 Cal. Rptr. 2d 412 (2002)
Jurisdiction: California (state)
Effective Date: 2002-01-03
Original Source: https://www.courtlistener.com/opinion/2274225/action-apartment-assn-v-santa-m... ↗

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As one leading treatise has explained: “All security deposits received by a landlord are held for the benefit of his tenants, and subject to total or partial refund, and a tenant’s claim for refund has priority over the claims of the landlord’s creditors. The deposits are subject to refund to the tenant at the termination of the tenancy, after lawful deductions; there are no ‘nonrefundable’ or ‘forfeitable’ security deposits, and the right of the tenant to receive a refund cannot be altered or modified by any agreement between the parties.” (6 Miller & Starr, Cal. Real Estate (2d ed. 1989) § 18:78, p. 183, fns. omitted; see Civ. Code, § 1950.5.)

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