FAQ #3: What other money do I owe besides the rent?
The landlord can legally ask for a number of fees, such as a fee to check credit (not to exceed $30) and deposits such as a security deposit, a cleaning deposit, and a key deposit. Tenants should get a written receipt that clearly states the amount and purpose of each deposit and/or fee.
| A security or cleaning deposit may only be used for four (4) things: |
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In addition, tenants should check the condition of the unit very carefully and record any existing damage and ask the landlord to sign and date the inventory. Even if he/she will not sign it, the tenant can mail one copy to the landlord and one copy to the tenant. This copy should be saved in the unopened envelope. If possible, the tenant can take pictures or videos of the condition of the unit at the time of move in. The total of all deposits, not including fees, cannot be more than 2 months rent for an unfurnished unit or 3 months rent for a furnished unit. When the tenant
moves out, he/she can request a walk through with the landlord. The walk through must take place no earlier than 2 weeks prior to the end of the tenancy. Once the landlord has performed an inspection of the unit, he/she gives the tenant an itemized statement of needed repairs and cleaning that are the basis for deductions from the security deposit. The landlord can use the deposits only for the purpose indicated in the lease or rental agreement.
Landlords sometimes require tenants to pay last month's rent at the time of move in. If last month's rent is clearly stated in the lease or rental agreement, it is not a security deposit. Rather, when the tenant moves out, the landlord must apply it to rent for the last 30 days (or 1 month) of the tenancy. The last month's rent paid at move-in is applicable to the last month in the unit, even if the landlord has raised the rent since move-in. The tenant is not responsible to pay any rent increases for the last month. Remember, if the tenant has a month-to-month agreement, he/she must still give the landlord a 30-day written notice that he/she is moving out.
| "Last month's rent in advance" | If the landlord asked for the last month's rent before move in, the tenant will not have to pay rent for his/her last month there if the tenant has given proper written notice of the plan to move. |
| "Security deposit" | If the tenant has not caused any damage to the unit, the landlord must return the security deposit within 21 days after move out. |
| "Cleaning deposit" | This fee is refundable. The landlord must return it if the unit is left clean at move out. |
Department of Consumer Affairs: California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities www.dca.ca.gov/publications/landlordbook or Download the guide (PDF)
California Department of Consumer Affairs' Do's and Dont's of Small Claims Court
Legal Aid Society of San Mateo County's PDF guides: Repair and Deduct | Security DepositsNew Security Deposit rules, Walk-Through Inspection Process for Landlords and Tenants from TCAA
Landlord and Tenant Information and Referral Collaborative Landlord and Tenant Rights, Responsibilities, and Resources, in San Mateo County (PDF)
Peninsula Conflict Resolution Center
www.pcrcweb.org
PCRC helps landlords and tenants communicate about a variety of issues.
650-513-0330
San Mateo County Superior Court, Small Claims
www.sanmateocourt.org/director.php?filename=./smallclaims/index.html/index.htm
800 N. Humboldt St, San Mateo, CA 94401
650-573-2605Small Claims Mediation Program
www.sanmateocourt.org/director.php?filename=./adr/smallclaims/index.html
This program provides on-site mediation services. If a case settles in mediation, the court will not proceed with the small claims hearing, but rather will note in the court file that the parties reached a mediated settlement.
650-573-3907