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Security Deposit overcharged.... lease invalid?

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LasVegas15

Junior Member
California...
Hello! My question is, if a Landlord charges more than what is allowed legally in the state of California, for the total move-in costs (including rent, security and pet deposits), does that then make the lease invalid in any way? Thank you!
 


Silverplum

Senior Member
California...
Hello! My question is, if a Landlord charges more than what is allowed legally in the state of California, for the total move-in costs (including rent, security and pet deposits), does that then make the lease invalid in any way? Thank you!
And what is that amount, legally?
 

Zigner

Senior Member, Non-Attorney
California...
Hello! My question is, if a Landlord charges more than what is allowed legally in the state of California, for the total move-in costs (including rent, security and pet deposits), does that then make the lease invalid in any way? Thank you!
The section regarding a security deposit would be invalid.

What city are you renting in?
How much of a deposit were you charged, total?
 

Zigner

Senior Member, Non-Attorney
And what is that amount, legally?
Maximum amount of 2 months rent for an unfurnished unit, or 3 months for a furnished unit.

To be clear, though, the first month's rent isn't considered part of the security deposit.
 

LasVegas15

Junior Member
The section regarding a security deposit would be invalid.

What city are you renting in?
How much of a deposit were you charged, total?
I'm actually the Landlord, and am in CA. I have just realized that I charged too much for the deposit, and that because of this there could later be fines, etc. For now though, what I am most concerned about is whether or not my doing this has made my lease invalid. And "how" it invalidates the security agreement, as far as using it in whatever way you would normally be able to use it as security, if needed when the tenants move out.
 

Zigner

Senior Member, Non-Attorney
I'm actually the Landlord, and am in CA. I have just realized that I charged too much for the deposit, and that because of this there could later be fines, etc. For now though, what I am most concerned about is whether or not my doing this has made my lease invalid. And "how" it invalidates the security agreement, as far as using it in whatever way you would normally be able to use it as security, if needed when the tenants move out.
Why don't you just let your tenant know that you mistakenly overcharged and refund the overage? Are these problem tenants?

I am curious as to how your security deposit was structured. How much did you collect?
 

LasVegas15

Junior Member
Why don't you just let your tenant know that you mistakenly overcharged and refund the overage? Are these problem tenants?

I am curious as to how your security deposit was structured. How much did you collect?


Thank you for your answer. I was under the understanding that you could only charge 2 times the rent for the deposits, including an extra month's rent. However, I thought that if you allowed pets, you could charge your pet deposits in addition to your security deposit to that security deposit. Apparently, I was wrong. Now I'd like to leave it as is, as they are not complaining whatsoever. And they do have two large labs, and many people living in and coming out of the home, and after having signed the lease with them, they told me of some extremely heavy safes and furniture that they were going to be moving in (all things which of course make me feel better to have asked for the security deposit). We are on very good terms right now, and I would like to keep it that way without changing anything. If for any reason I absolutely have to return the pet portion of the security that exceeds the amount I should have charged, I can do that. But I would rather not get into it all right now, I absolutely have way too much on my plate to deal with it at this time. But I do not want to risk having an invalid lease, or anything else that might be a greater risk than maybe a small fine. Thank you again so much for your answer, I definitely appreciate it! Can you please tell me though if you are a real estate lawyer, or what type of lawyer are you? And is there any other way that I should have been able to get this information? Such as an actual Government agency or service that provides clarity to landlords on these laws.
 

Zigner

Senior Member, Non-Attorney
Most of us are not lawyers...

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Zigner

Senior Member, Non-Attorney
I won't be able to give specific recommendations, but if you do a Google search for landlord associations in California, you can probably find a membership group dedicated to helping landlords. I would suggest that you, at the very lease, have your standard rental agreements and policies reviewed by a local (to the property) landlord attorney. Each city may have rules that place additional restrictions on the landlord.
 

Silverplum

Senior Member
Thank you for your answer. I was under the understanding that you could only charge 2 times the rent for the deposits, including an extra month's rent. However, I thought that if you allowed pets, you could charge your pet deposits in addition to your security deposit to that security deposit. Apparently, I was wrong. Now I'd like to leave it as is, as they are not complaining whatsoever. And they do have two large labs, and many people living in and coming out of the home, and after having signed the lease with them, they told me of some extremely heavy safes and furniture that they were going to be moving in (all things which of course make me feel better to have asked for the security deposit). We are on very good terms right now, and I would like to keep it that way without changing anything. If for any reason I absolutely have to return the pet portion of the security that exceeds the amount I should have charged, I can do that. But I would rather not get into it all right now, I absolutely have way too much on my plate to deal with it at this time. But I do not want to risk having an invalid lease, or anything else that might be a greater risk than maybe a small fine. Thank you again so much for your answer, I definitely appreciate it! Can you please tell me though if you are a real estate lawyer, or what type of lawyer are you? And is there any other way that I should have been able to get this information? Such as an actual Government agency or service that provides clarity to landlords on these laws.
https://www.dca.ca.gov/dca/publications/landlordbook/index.shtml

https://www.dca.ca.gov/dca/publications/legal_guides/index.shtml

http://lawhelpca.org/issues/housing/landlord-and-tenant-issues

And lots more via Google. :cool:
 

LasVegas15

Junior Member
I won't be able to give specific recommendations, but if you do a Google search for landlord associations in California, you can probably find a membership group dedicated to helping landlords. I would suggest that you, at the very lease, have your standard rental agreements and policies reviewed by a local (to the property) landlord attorney. Each city may have rules that place additional restrictions on the landlord.
Ok thanks so much for your help!!!
 

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