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Additional Details
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PAULA G | Our landlord is raising the rent and asked us for an additional security deposit. Is that legal? |
We've lived in our Beverly Hills apartment for the last 21 months and treat it as if we owned it. Our landlord already has 2 months rent as security deposit and is now asking for an additional $250 so that it matches what will now be our current amount of 2 months rent. Is that legal? I thought a security deposit is what is asked for when you move in - do they have the right to continue to ask for more if you have never caused any damage? |
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Willow Natalia
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http://www.dca.ca.gov/publications/landlordbook/living-in.shtml
SECURITY DEPOSIT INCREASES
Whether the landlord can increase the amount of the security deposit after you move in depends on what the lease or rental agreement says, and how much of a security deposit you have paid already.
If you have a lease, the security deposit cannot be increased unless increases are permitted by the terms of the lease.
In a periodic rental agreement (for example, a month-to-month agreement), the landlord can increase the security deposit unless this is prohibited by the agreement. The landlord must give you proper notice before increasing the security deposit. (For example, 30 days' advance written notice normally is required in a month-to-month rental agreement.)
However, if the amount that you have already paid as a security deposit equals two times the current monthly rent (for an unfurnished unit) or three times the current monthly rent (for a furnished unit), then your landlord can't increase the security deposit, no matter what the rental agreement says. (See the discussion of the limits on security deposits.) Local rent control ordinances may also limit increases in security deposits.
The landlord must give you proper advance written notice of any increase in the security deposit. (See " Proper Service of Notices.")
The landlord normally cannot require that you pay the security deposit increase in case. (See Check or Cash in this sect ion) |
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H. A
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You have to read your lease as it will spell out the terms of your lease. He probably can do what he is doing because of some small print or clause in your lease. If it is not in the lease, then it could be because your lease matures on the 24th. month and in that case he can raise the rent effective the 25th month. He probably is notifying you within the sixty or ninety days provided by the lease, but I can only guess as we can't see the lease. You can always move if the lease is maturing, or threaten and he may not raise it that much or any. Good Luck |
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Elsa D
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BH is not rent controls and this is perfectly legal. Even if it were rent controled the action is legal, but the amount of money is controlled.
He can raise the rent once a year and has to give you 30 days notice that he is doing so.
He can also ask for additional deposit to cover any damages he may have already paid for as long as the total at hand does not exceed 2 months rent.
Some people rent for 10-20 years, it is absurd to think their initial deposit covers damages for that time. |
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Darin C
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If you are not protected by a lease agreement then yes it is legal but, he has to give you 30-days unless there is a specific clause within your renters contract. |
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rwa000
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not only is it legal it is common practice, |
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kymeth
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You need to know if Beverly Hills is a rent controlled city. Like Los Angeles is rent controlled and the landlord has no right to ask for an additional security deposit once the tenant has moved into the apt. If it is rent controlled he can only raise it by a certain percentage of the current rent, which I think is still at currently 4%.
At least in California, if you are a long term tenant, they HAVE to give you back your security deposit if you don't damage the apartment (beyond normal wear and tear). If there is damage they MUST give you an itemized list of repairs and costs and must give you the remainder back within a certain period of time.
Go here to the links I listed below and see if Beverly Hills is covered...and good luck. |
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Real Estate Guy
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If you are renewing your lease, then yes the terms can be changed, including the deposit. This sounds fair.
If you don't like the new terms, you have the choice to either sign the new lease and pay the 250 or find another place. |
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Valentine
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you have whats called a housing authority in ca they regulate rent's on landlords, if your already in a singed lease which states how much you owe then no he can't but if he gave you 90 days notice which is normally the law then yes he could. |
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REALTOR
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They cannot do it "inside" the lease, but if your lease is up (or you are month-to-month) they can do it. |
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ANDREW M
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You have to read your lease ...but i'm afraid it is ........IN THE END ALL IT COMES DOWN TO............................ is checks & BALANCES |
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Carl_the_Truth
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I don't think he can ask for more security money. But he can raise the rent every four months. The security deposit is to pay for damages, if any, when you move out. |
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kitiok9431
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No they can't do that it's not possible for them to even raise the rent on you if they havent even fixed anything in the Apt. Why would they ask for another security deposit you already live there! You need to speak to someone that knows about laws like that because it's not fair on you. |
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rockyfella25
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i wouldnt think that is right, just your laws where you live.and i know here they cant raise your rent until your lease is up..this is why people have leases to protect them from people like him. |
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