Showing 41–60 of 130 results
rate of return—3 percent per year—on security deposits. (The *596
The court held that a landlord who has in good faith failed to return a security deposit as required by section 1950.5 can nonetheless recover damages for unpaid rent, repairs, and cleaning in a subsequent judicial proceeding. (Granberry v...
15 As we understand Aljabban’s claims, the failure to return $680.00 of the security deposit relates to the causes of action for breach of contract, breach of the covenant of good faith and fair dealing, and conversion. 28...
...of the security deposit it withheld against the even greater amount of damages it sustained on account of PhotoPoint’s breach of the lease, and therefore PhotoPoint sustained no actual damages and was not entitled to return of the deposit.
...do not preclude Sherwood from attempting to establish, when the case is returned to the trial court, that the 45-day period for return of the security deposit under the lease began to run before September 3, 2001. *731 m...
...The central issues in the appeals are whether the court below correctly ruled that 250 failed to return the security deposit as required by Civil Code section 1950.7, 1
rent that has accrued as of the date called for in the statute for the return of the deposit. We hold that parties to a commercial lease can waive section 1950.7 to provide that a security deposit may be...
The trial court determined that although 250 had not returned the security deposit as required under section 1950.7, 250 could nonetheless offset the deposit against the damages it sustained as a result of PhotoPoint’s breach of the lease...
...credit constitutes a “payment or deposit of money” for purposes of section 1950.7 because 250 had drawn the entire amount of the letter of credit before the security deposit was due to be returned, and 250 was thus holding...
...A petition determines whether a landlord is making a fair return under the NOI formula, not whether the interest rate on security deposits is excessive. In short, there is no available or adequate administrative remedy.
...Const., 5th Amend.); (2) preempted by a state statute that governs the payment, use, and return of security deposits (Civ. Code, § 1950.5); and (3) unlawful as being in excess of the Board’s authority under the Rent Control Law...
...However, in light of the evidence at trial, we do not believe that the failure to return $680.00 of the security deposit supports a judgment in favor of Aljabban on the cause of action for breach of the covenant...
...to make a fair return on their property. (See Santa Monica Charter, § 1800.) We fail to see how that purpose is served by forcing landlords to pay a higher rate of interest on security deposits than the rate prevailing in...
250 contends that section 6.A’s limitation on the use of the security deposit to cover past due rent does not apply to the portion of the security deposit represented by the letter of credit, because section 6.B...
(1950) 95 Cal.App.2d 619, 626 [213 P.2d 740] [tenant is not entitled, upon breach of a lease, to the return of a deposit made to secure performance of the lease; “the lessor may look to the fund...
Accordingly we conclude that the words “defaults in the payment of rent” in section 1950.7 refer only to unpaid rent that has accrued as of the time the security deposit is required to be returned, and do not refer...
...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...
...Here, by contrast, nearly two decades passed under the Ordinance before the landlords’ return on security deposits, even in money market accounts, was less than the 5 percent fixed rate. It is reasonable for landlords to foresee that some time...
...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...
Civil Code section 1950.7 provides for the return by the lessor to the lessee of “[a]ny payment or deposit of money the primary function of which is to secure the performance of a rental agreement for other than...