Security Deposits In Calif.

skywaz profile photo

New landlord here looking for some legal advice. Sorry for the length, but I wanted to provide all info. that I thought was important.

I have a tenant who is on the 5th. month of a 6-month lease. We recently completed some major repairs of her unit. We would like to raise her security deposit to protect the investment we have made. We have given the tenant the proper form stating that we would like to raise the security deposit. One month later, she provides written notice that she would be moving out. We mentioned that she would still have to provide us with the increase in the security deposit. She has recently spoken with someone who stated that it was unlawful in CA. for a landlord to increase a security deposit during the term of a lease.

Some background info: This tenant is not section 8, and there is no mention of the security deposit amount anywhere in our lease agreement.

We would like to give her a 3-day notice if she fails to perform. We believe that she will try to get out of paying the last month's rent, and force us to retain her security deposit for rent payment. Unfortunately, this amount is corrently less than 1-months rent.

Any advice you all could give would be much appreciated smile

Comments(3)

  • 2000rock14th July, 2003

    skywaz,

    Join RealChek...and put it ( any outstandingDebt) on her CreditReport...

    SEE HOW SHE LIKES THAT!!!!

    ...as always,

    GoodInvesting, Rocky

  • skywaz14th July, 2003

    Rocky,

    Thanks for the info, I will look into the service you mentioned. But what I still don't know is whether or not it's legal for a landlord to increase the security deposit during the term of the lease.

  • 2000rock15th July, 2003

    skywaz,

    The fast answer to that NO!!!

    ....BUT, when you make the NewLease all is FAIR..


    ...as always,


    GoodInvesting, Rocky

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