security deposit – Renters Alliance

Small Claims Court: A Tenant’s Guide [Updated]

July 13, 2024July 15, 2024 Mark Elliot security deposit, small claims court

A landlord-tenant legal dispute can arise in a variety of situations, but when it concerns money in an amount that is less $12,500 the tenant can take the landlord to small claims court. Neither the plaintiff nor the landlord can bring an attorney to small claims, so it somewhat levels the playing field compared to superior court where landlords are invariably represented by counsel. Among the most common small claims cases are those that concern a security deposit unlawful withheld. Let’s look at the small claims process and, specifically, at the example concerning the security deposit.

Explainer

Security Deposits: A Primer [Updated]

July 11, 2024July 14, 2024 Mark Elliot security deposit

One of the challenges of renting is the up-front cost: a prospective Beverly Hills tenant can expect to hand over about $5,000 to rent a 1-bedroom apartment while a 2-bedroom household may need $7,000 to start. A hefty two-month deposit would add another 50%. But another challenge is renting when the landlord delays returning the deposit or takes a big bite out of it. What’s the law?

Explainer

Security Deposit: Ten Steps to a Timely Refund [Updated]

July 10, 2024July 15, 2024 Mark Elliot security deposit

State law requires that the security deposit be returned to the tenant within 21 days of move-out. Any deduction up to $125 must include an itemized list of actual expenses paid by the landlord. But too often we hear of improper deductions or even the entire deposit stolen by the landlord. The law is clear that the deposit is the tenant’s money and is to be returned minus only specific, lawful expenses. Before the landlord can steal your money protect yourself with these steps….starting with move-in.

News

Sacramento Limits Security Deposits to One Month’s Rent*

July 3, 2024July 3, 2024 Mark Elliot AB 12, security deposit

In recent years our state legislature has chipped away at certain rental housing practices that harm tenants every day. Most recently Assembly Bill 12 took effect on July 1st to bar most landlords from demanding more than one month’s rent for the security deposit. It was intended by legislatures to make renting more financially affordable at the front end. But it also provides a move-out benefit for tenants who would be ripped-off by their unscrupulous landlord: he can keep only one month’s worth of deposit without any justification. Here is what Assembly Bill 12 means for tenants.

Explainer

My Landlord is Asking for an Estoppel. Need I Sign It?

July 16, 2024July 29, 2024 Mark Elliot

An estoppel certificate is a legal document that simply establishes the terms and status of a rental agreement (or lease) for a third party like a prospective buyer. Typically a tenant is asked to complete an estoppel when purchase negotiations advance and that request may come from the current owner or an agent working on behalf of a prospective buyer. It is nothing to fear; it is a standard step in the sale of real property. In any case the lease or rental agreement may require the tenant to complete it. When presented with an estoppel to complete and sign you may have questions. Here is what you need to know.

Explainer