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While rent adjustments provide landlords with a fair return on their property, a security deposit—from the landlords’ perspective—serves a different purpose: to protect and preserve their property and investment. “ ‘Security deposits’ may be a landlord’s best guarantee...
...The tenants had a right to receive a refund of their security deposits. Any balance of the security deposit remaining after the payment of actual damages must be returned to the tenants. (Thompson v. Swiryn,
The parties have not briefed the issue of when the security deposit was due to be returned under the lease, and that date is not a pure question of law on *730
Appellant contends respondents are only entitled to attorney fees incurred in litigating the contract cause of action for return of their security deposits.
As we have said, section 6.A of the lease effectively amended the statutory time for return of the deposit. Section 1950.7, subdivision (c) required that the balance of the security deposit remaining after application toward default in the...
...A security deposit “shall be held by the landlord for the tenant who is party to the lease or agreement.” (Civ. Code, § 1950.5, subd. (d).) If the tenancy is terminated, the security deposit must be returned within three weeks...
...money to the landlord and effectively lowers rent in San Francisco by giving tenants some return on their security deposits which if not deposited with the landlord, might be available to earn income. This scheme must be seen as a...
rent. Thus, under the lease and section 1950.7, 250 was required to return the security deposit within the time specified after receipt of possession of the premises, less only the rent past due at that point.
Accordingly, there was no waiver of section 1950.7 in the lease. Indeed, the parties agreed to an extension of the time specified in the statute within which the security deposit had to be returned. (3) Parol Evidence
...The 45-day return period specified in section 6.A did not effectively waive the whole of section 1950.7 as 250 urges, it merely specified a longer period for retention of the security deposit (45 days after surrender or...
be calculated and the excess returned within two weeks after the premises are surrendered to the landlord, the offset clearly is limited to rent due through the time of surrender.” (St. James, Landlord Beware: Will a Security Deposit Survive a
“(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...
"(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...
...the security deposit equals no more than one month’s rent plus a deposit amount clearly described as the payment of the last month’s rent, then any remaining portion of the payment or deposit shall be returned to the...
In light of these divergent interests in ownership, we fail to see how an administrative process for setting rents is of any value in determining the rate of return a landlord can be required to pay on a security deposit.
Landlord shall return any unapplied portion of the Security Deposit to Tenant within 45 days after the later to occur of: (1) the date Tenant surrenders possession of the Premises to Landlord in accordance with this Lease; or (2) the...
“(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...
"(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...
Indeed, any landlord who viewed the burdens of the Ordinance to outweigh the benefits of holding the tenant’s security deposit could simply return the deposit to the tenant and have no further obligation to pay the interest.
...a security deposit during tenancy: “[A] landlord may collect an additional security deposit of up to 1 (one) month’s additional rent with the written consent of the tenant(s) giving the deposit where the landlord agrees in return to...