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I want to rent a house, but the owner wants first, last AND…

Customer Question
I want to rent...

I want to rent a house, but the owner wants first, last AND security deposit. Is that legal?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California Los Angeles County

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

Submitted: 9 months ago.Category: Legal
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Answered in 5 minutes by:
9/7/2017
Lawyer: Roy Hadavi,
 replied 9 months ago
Roy Hadavi
Category: Legal
Satisfied Customers: 1,295
Experience: Attorney at Law Offices of Rosenstein & Associates
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Hi. My name is ***** ***** I am a licensed California attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Roy Hadavi,
 replied 9 months ago

There are limits to the amount a landlord can require as a security deposit.

Civil Code Section 1950 provides the specific limitations.

  • Unfurnished rental unit: The total amount that the landlord requires as security cannot be more than the amount of two months' rent. If you have a waterbed, the total amount allowed as security can be up to two and-a-half times the monthly rent.
  • Furnished rental unit: The total amount that the landlord requires as security cannot be more than the amount of three months' rent. If you have a waterbed, the total amount allowed as security can be up to three-and-a-half times the monthly rent.
  • Plus first month's rent: The landlord can require you to pay the first month's rent in addition to the security deposit.

However, these limitations do not apply to a long term lease (a lease for 6 months or more), in which case the limitation is up to 6 months up-front.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 9 months ago
as an example, the owner wants $2400/month for rent. He wants first, last, and a security deposit of $1,000. Is that legal?
Lawyer: Roy Hadavi,
 replied 9 months ago

Is the unit furnished? How long is the lease term?

Ask Your Own Legal Question
Lawyer: Roy Hadavi,
 replied 9 months ago

Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

Ask Your Own Legal Question
Lawyer: Roy Hadavi,
 replied 9 months ago

Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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