Can a Landlord Charge You a Second Deposit Under California Law If You Have Not Moved Out?

In California a landlord may charge a second deposit to cover damages done to the unit during the tenant's stay. This could range from two to three months rent, depending on the situation. The second deposit can come in the form of an increase. This must be allowed in the written lease for the landlord to do this though. If the tenant is on a month-to-month lease, 30 days notice must be given for the increase and that increase cannot exceed the set limit for the type of unit being rented. This also is true if a different name is put on the deposit, such as a pet deposit.

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POSTED January 22 2014 11:41 AM

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