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But, as provided by regulation, a “general adjustment does not apply to a security deposit.” (Rent Bd. Regs., reg. No. 14002(c).) Given that a general adjustment cannot be used to change the amount of a security deposit, it would...
We note in passing Korens stated in her declaration opposing summary judgment that, quite apart from the matter of interest on the security deposit, the security deposit itself had not been returned to her. However, each cause of action of...
deposit of $625. Defendants retained all of the security deposit and charged
The maximum amount of a security deposit is determined by the amount of the first rent payment; the deposit cannot exceed two months’ rent for an unfurnished unit or three months’ rent for a furnished unit. (Civ. Code, § 1950.5...
...Federated agreed in a contract with Central Towers to deliver the “security rent deposits.” Central Towers apparently would not agree to reduce its contractual rights under its contractual arrangements with Federated, that the security deposits be deposited in escrow. If...
We read this last statement, as does Sherwood, to mean that a landlord that in good faith violates the security deposit statute may offset against its damages only those amounts which it properly could have claimed of the security deposit...
...Sess.) comments that the bill "amends the existing security deposit law so that it applies to payments or deposits made to secure execution of the lease as well as deposits made to secure performance. [¶] A deposit made to secure performance...
...Sess.) comments that the bill “amends the existing security deposit law so that it applies to payments or deposits made to secure execution of the lease as well as deposits made to secure performance. [¶] A deposit made to secure performance...
to the landlord in being able to hold the security deposit. As the trial court found: “By holding [the tenant’s security deposit], the landlord secures certain obligations of the tenant, thereby avoiding potential costs of collection should such obligations...
...Federated, as seller, was under no legal obligation (absent a contractual obligation to do so) to pay the security deposits into escrow or to pay the security deposits to the buyer since the security deposits did not run with the...
We disagree, because we do not believe that we can properly create by implication a law requiring the payment of interest on security deposits when the Legislature has declined to do so. (See Comment, Interest On Security Deposits—Benefit or...
250 and PhotoPoint intended for the security deposit to be available for application against future rent under the lease if PhotoPoint defaulted. However, the evidence was unnecessary for that purpose because, as we have acknowledged, that intention was reasonably apparent...
Code section 1950.5 are: (1) the plaintiff paid a security deposit; (2) the security
The Ordinance did not require landlords to hold the security deposits in any particular type of account. To the contrary, section 49.2, subdivision (d) of the San Francisco Administrative Code stated: “ ‘Nothing in this Chapter shall preclude a landlord...
During the three-year period relevant to this litigation, plaintiffs vacated apartments rented from defendants but did not receive a written accounting of the basis for, or the amount of, the security deposits retained or the disposition of these security...
function of which is to secure the performance of a rental agreement. . . other than a payment or deposit . . . made to secure the execution of a rental agreement . . . .” The legislative history of the current section 1950.5 indicates that the reason...
Security deposits in commercial leases are governed by section 1950.7. As of the date of the judgment herein, section 1950.7, subdivision (c) provided that a security deposit could be applied “to remedy tenant defaults in the payment of...
(2000) 23 Cal.4th 116, 136-137 [96 Cal.Rptr.2d 485, 999 P.2d 718], with respect to the statute governing security deposits for residential leases, section 1950.5 “restricts the use [of a security deposit] to specifically defined...
In addition, the law applicable to rents is fundamentally different from the law governing security deposits, largely because rent is the property of the landlord, and a security deposit is the property of the tenant. (See pts. II.A., II...
During the three-year period relevant to this litigation, plaintiffs vacated apartments rented from defendants but did not receive a written accounting of the basis for, or the amount of, the security deposits retained or the disposition of these security...