The residential security deposit that is often a source of conflict at the end of a lease or rental agreement is defined under state law. The actual definition varies from state to state, but for the most part residential rental deposits are substantially the same in each state. The purpose of the definition of a security deposit is to protect consumers from landlords that often try to take advantage.
Under California law a residential security deposit is codified in the civil code. It is defined as any payment, fee, deposit or charge, including but not limited to, any payment, fee deposit, or charge, except as provided for under section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to used for any purpose, including, but not limited to compensation for the landlord for the tenant's default in payment of rent; repairing damages to the premises caused by tenant or by the tenant's guests or licensees (excluding ordinary wear and tear);cleaning the premises upon termination of the tenancy; and if the rental agreement so provides, remedying future tenant defaults in an obligation under the rental agreement to restore, replace or return personal property. The residential security deposit does not become something else by labeling it something else.
Under the definition of a residential security deposit the security deposit includes the fees imposed at the beginning of tenancy for the purpose of processing a new tenant. The so called screening fees are refundable security deposits unless specifically exempted. The type of screening information that is not refundable is the fee charged for obtaining personal background information relating to the tenants rental history such as personal reference check, consumer credit reports, and past unlawful detainer litigation. This screening fee may not exceed $30 and it subject to adjustment every year. A landlord may not charge a screening fee if the landlord knows there is no vacancy or should know there is no vacancy. The landlord is also required to itemize the screening activities, the amount of time spent on each activity, and the out of pocket expenses incurred by the landlord and provide a copy to the tenant. If a credit check was done a copy of the credit report must also be provided the tenant.
Overall the intent of the regulations is to keep the landlord from taking advantage of the tenant by attempting to mischaractirize or misuse the security deposit.
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Can my landlord enter my apartment without notice ...
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Can my landlord enter my apartment without notice for potiential renters?
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By: leslie35773 | 09-05-2008
i have been renting a piece of land out to my brother in law for about 3 years,well his girlfriend acts a fool toward me and i had to call the police on her to make her move her vehicle from another piece of my property,well the cop was really mean and yelling in mine and her face and he was telling her she could sue me for not having a written lease and said i was a dead beat landlord,ok this trailer they live in was on this property before i took over the land and the guy that i am buying this land from gave told us we both had to pay 100 a month for rent,well in july 2006 the guy told me i could buy the land so we made a contract out and my brother in law pays the same that the guy told him to buy which was fine with me anyways my questions are1.can they sue me for not having a written lease?2.if i write out a lease and they refuse to sign can i evict them?3.can i increase there monthly rent?4.if i wanted to evict them and they dont have a written lease how do i go about evicting them?(the cop told her she could sue me for evicting them without a written lease)5.is harrasment a reason to evict someone and if so how long do i have to give them?please help if u canthanks so much i live in the state of alabama
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