Korens v. R. W. Zukin Corp., 212 Cal. App. 3d 1054 (1989)

Citation: Korens v. R. W. Zukin Corp., 212 Cal. App. 3d 1054 (1989)
Parent Document: Korens v. R. W. Zukin Corp., 212 Cal. App. 3d 1054 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-02
Original Source: https://www.courtlistener.com/opinion/2167019/korens-v-r-w-zukin-corp/ ↗

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Korens relies upon her interpretation of the first sentence of Civil Code section 1950.5, subdivision (d), which provides in its entirety as follows: “Any security shall be held by the landlord for the tenant who is party to the lease or agreement. The claim of a tenant to the security shall be prior to the claim of any creditor of the landlord.” By isolating the phrase “shall be held by the landlord for the tenant,” Korens suggests that the receipt of a security deposit under the terms of the statute creates “a trust relationship”; and that the landlord is obligated by trust law to turn over the proceeds earned from the “trust” property, i.e., interest, to the tenant at the conclusion of the lease. However, we believe that the statute must be read and interpreted as a whole. The next sentence after that relied upon by Korens *1059

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