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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

People Ex Rel. Smith v. Parkmerced Co., 198 Cal. App. 3d 683 (1988)

Citation
People Ex Rel. Smith v. Parkmerced Co., 198 Cal. App. 3d 683 (1988)
Parent Document
People Ex Rel. Smith v. Parkmerced Co., 198 Cal. App. 3d 683 (1988)
Jurisdiction
California (state)
Effective Date
1988-02-17

Other Sections in This Document (65)

Full Text

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The collection and use of security deposits in residential leases is governed by section 1950.5 This section states, in relevant part: "(b) As used in this section, `security' means any payment, fee, deposit or charge, including, but not limited to, an advance payment of rent, used or to be used for any purpose, including, but not limited to, any of the following: [¶] (1) The compensation of a landlord for a tenant's default in the payment of rent. [¶] (2) The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant. . . . [¶] (3) The cleaning of the premises upon termination of the tenancy. [¶] (4) To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement. [¶] (c) A landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to two months' rent, in the case of unfurnished residential property . . . in addition to any rent for the first month paid on or before initial occupancy. . . . [¶] (e) The landlord may claim of the security only those amounts as are reasonably necessary for the purposes specified in subdivision (b). [¶] (f) Within two weeks after the tenant has vacated the premises, the landlord shall furnish the tenant . . . an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to the tenant. [¶] . . . [¶] (k) The bad faith claim or retention by a landlord . . . of the security or any portion thereof, in violation of this section . . ., may subject the landlord . . . to damages not to exceed ($200), in addition to any actual damages. . . . In any action under this section, the landlord . . . shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits. [¶] (l) No lease or rental agreement shall contain any provision characterizing any security as `nonrefundable.'"