Security Deposit Overcharged a deposit upon move in

[snow2oo4]

I have bad credit, and have trouble finding a place that will rent to me, and that I can afford. My husband and I were desperate to get into a place last year, and accepted the first offer we got for a house to rent. I was charged first month (rent at the beginning of the 2 year lease was 1,075), last month, double deposit ($2,150), and a $250 pet deposit for our two caged birds. I'm just now reading that we shouldn't have been charged more than 2,150, aside from our first month of rent. Is this true, and what recourse do we have?

 

[army judge]

I have bad credit, and have trouble finding a place that will rent to me, and that I can afford. My husband and I were desperate to get into a place last year, and accepted the first offer we got for a house to rent. I was charged first month (rent at the beginning of the 2 year lease was 1,075), last month, double deposit ($2,150), and a $250 pet deposit for our two caged birds. I'm just now reading that we shouldn't have been charged more than 2,150, aside from our first month of rent. Is this true, and what recourse do we have?

The rental deposit law in California says:
The limits on the amount of a rental housing security deposit are as noted:

If the security deposit is for a residential property without furniture, the security deposit may equal 2 times the rent.
If the residence is furnished, the landlord may charge up to 3 times the rent.
There is no restriction on the amount of the security deposit for the rental of a commercial property.

You say you were charged first and last ($1075 * 2 = $2150), nothing illegal there.
The pet deposit is an additional charge, that can be added if you decide you also want to live with a pet.
The $250 pet deposit isn't illegal, either.


If you are disputing the deposits you were charged, you remedy lies in a CA small claims court in your county.
Security deposits aren't normally be dealt with in an eviction (unlawful detainer) proceeding, because an eviction addresses the unlawful possession the property.

 

[snow2oo4]

I should clarify, the total amount I was charged to move in was $4550.

 

[army judge]

I should clarify, the total amount I was charged to move in was $4550.

That DOES violate the law in California.

Here is the California law, and how you seek your remedy.
More than likely, you'll prevail in your case, but your landlord will likely give you a notice of non-renewal of your leasehold.
You MIGHT find yourself back at square one, seeking new digs.

Your remedy lies in the correct state small claims court in your county.

Before you file your small claims court case, you send a demand letter advising your landlord that he or she has overcharged you for the security deposit, cite the relevant law, and send the letter certified or registered, return receipt requests and advise the LL that he or she has 10 days (I recommend 21 days) to remedy the situation.

Small claims in Cali:

http://www.courts.ca.gov/selfhelp-smallclaims.htm



Good luck, read what your state courts (and state government) advise how to remedy such disputes:


http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml


http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml