| Search thousands of professionally drafted legal documents |
|
|
|
Do I owe any money besides the rent?
You might. The owner has the right to ask for a number of fees and deposits. And you have a right to a receipt or written agreement that tells what the money is for and how you can get it back.
Although the law considers all deposits to be security deposits," here are some of the payments that the owner might ask you to make:
Last month's rent in advance. The owner can ask you to pay the last month's rent before you move in. Then, if you give proper notice when you want to move out, you will not have to pay rent for the last month.
Security deposit. This deposit can be used for such things as replacing a window that you broke before moving out. But, if you do not cause any damage, the security deposit will be given back to you.
Cleaning fee or deposit. Some owners want a cleaning deposit or fee. Your lease may say that such a fee is not refundable. But that is illegal. Whether it is called a fee or a deposit, you usually can get the money back if you keep your place clean.
The owner either must give you the security deposit no later than two weeks after you move or must tell you in writing why you will not get back some or all of the money - and how it was spent. An owner who needs to use part of the money for cleaning or repairs must give you the rest. What if the owner does not notify you or you believe the owner is not entitled to keep the money? Then, you can sue in small claims court (see # 14). If you win the case, you could get part or all of your deposits back. You also may be paid a penalty if the court decides that the owner failed to return the deposit because of "bad faith" which means it was not by mistake.
California law puts a limit on the deposits that the owner can ask for, no matter what they are called. All of them cannot add up to more than the cost of two months' rent for an unfurnished apartment or three months' rent for a furnished place.
Also, keep in mind that you are not covered by the owner's insurance policies. If you wish, you can purchase renter's insurance which covers your belongings against fire or theft.*
Our Affiliate program offers selected sites the ability to offer various legal forms for sale and to earn a 25% commission on all form sales.
Join our affiliate program. Registration only takes a few minutes and is free. |
CAUTION! Please remember that no information found at this site can replace a face to face meeting or telephone consultation with a "real live" attorney about your particular case, problem or question. The information you find here or in the answers should just be a starting point in finding your answers. |
|
