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Security Deposits: Can someone help me interpret this correctly?

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blahbleebloo

Member
What is the name of your state (only U.S. law)? Sacramento, California

Hello good people of the FreeAdvice forum...I am looking for some help interpreting the State of California's rules for security deposits and how they apply to my lease. Please understand, that I'm not trying to be a pain in the neck or anything, my question comes completely out of curiosity and pre-planning. :p

So, I found this on the California Dept of Consumer Affairs website regarding security deposits:

Almost all landlords charge tenants a security deposit. The security deposit may be called "last month's rent," "security deposit," "pet deposit," "key fee," or "cleaning fee." The security deposit may be a combination, for example, of the last month's rent plus a specific amount for security. No matter what these payments or fees are called, the law considers them all, as well as any other deposit or charge, to be part of the security deposit.

Unfurnished rental unit: The total amount that the landlord requires as security cannot be more than the amount of two months' rent. If you have a waterbed, the total amount allowed as security can be up to two and-a-half times the monthly rent.

California Tenants - California Department of Consumer Affairs
(I edited some parts out so this wouldn't be a book, but I've provided the link to the page I got the info from.)

My question is regarding the section that says that the law considers "last month's rent," "security deposit," "pet deposit," "key fee," or "cleaning fee" all part of a security deposit, regardless of what it's called.

My apartment community charged me 2 months rent as a deposit when I moved in. No problem there, I'm happy to pay it. In order for me to get a cat, they require an additional $400 deposit plus $25 per month pet rent. This seems all reasonable, except when you consider the deposit that I've already paid. It's my interpretation that because I've already paid the maximum deposit allowed for my unfurnished apartment, that the $400 pet deposit would not be allowed by the law. I just would like to know if I'm insane/stupid for thinking this, and while I have no immediate plans to get a cat, I want to make sure I have my ducks in a row before I do start planning. :D

Thanks in advance for all your wisdom. -Annie
 


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chico landlord

Member
The pet deposit is normally a seperate document thus not part of the lease. Plus it a add-on to your lease not part of it . Would be like renting a garage at your building, (if Avail), This would be a add-on. You are lucky they accept pets.
 
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blahbleebloo

Member
I'm not trying to be argumentative here, but if a Pet Deposit is an 'add-on', then why does the Dept of Consumer Affairs explicitly list it as something that is considered by the law as part of the security deposit? You can probably see why I'm confused.

I'm also unclear on your example of the garage. An 'add-on' to a lease isn't part of the lease? Pardon my ignorance, but that doesn't quite compute with me. :p A separate agreement for rental of another space I could understand I suppose, but in the case of a pet, that argument doesn't really stand in my opinion. You're still renting the same space, and any damages that you incur are to be taken out of the security deposit (whether caused by you or your pet), and the law states that the deposit can't be any more than 2 months rent. You aren't renting anything other than the same space you would've had without the pet, only you're paying an extra $25 a month for the privilege of having said pet.

As I said, I have no immediate plans to get a pet of any kind, but it is something that is in the back of my mind for sometime in the future. And I do very much appreciate your response; this is why I love this forum. Open discussion helps me (and others) learn!
 
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chico landlord

Member
I understand what you are saying. I go to court for landlords regularly and get a chance to hear arguments about a lot of things that are grey areas of ca's tenant -LL Law. My Pet contract says the pet deposit will be returned when the pet is no longer on the premises. Normally deposit is not refunded until unit is vacated.
 
Zigner

Zigner

Senior Member, Non-Attorney
Chico is an idiot. OP - the "pet deposit" would apply as the other deposits, just as you have read.
 
T

TMF Management

Junior Member
To help settle this

Actually, the law regarding security deposits is clear and you both are correct. The law states that the "pet deposit" is considered part of the "security deposit" this is plain and simple. If you are talking about an APARTMENT or CONDO thru a complex, they cannot charge more then 2 months for all fees and deposits. If you are talking about a privately owned property, they may charge an additional "pet deposit" and use is as an add on to a lease therefore it is not included in the 2 month deposit. This can ONLY be done for a privately owned property.

I have been managing individual properties for 10+ years throughout the U.S. mainly in MD, DE, PA, NJ, VA, CA, and FL.
 
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blahbleebloo

Member
Well I admit, I didn't see anything in the information about privately owned vs complex rules, but since I live in a complex, I guess that I'm covered either way. Thank you very much everyone for your help! They say knowledge is power, and I always feel better when I'm more informed.

Have a great day!

Annie:D
 
Zigner

Zigner

Senior Member, Non-Attorney
TMF Management said:
Actually, the law regarding security deposits is clear and you both are correct. The law states that the "pet deposit" is considered part of the "security deposit" this is plain and simple. If you are talking about an APARTMENT or CONDO thru a complex, they cannot charge more then 2 months for all fees and deposits. If you are talking about a privately owned property, they may charge an additional "pet deposit" and use is as an add on to a lease therefore it is not included in the 2 month deposit. This can ONLY be done for a privately owned property.

I have been managing individual properties for 10+ years throughout the U.S. mainly in MD, DE, PA, NJ, VA, CA, and FL.
Click to expand...
Please post a cite to back up the assertion.
 
Zigner

Zigner

Senior Member, Non-Attorney
I WILL say, however, that there IS an exemption to the 2-month max amount rule - but it has nothing to do with pets ;)
 
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