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We also note it is not entirely clear that a ruling that interest must be paid on security deposits would actually favor tenants’ interests in general, as opposed to the interests of the purported class representative. One commentator has employed...
...Management reserves the sole right to apply Vendor’s security deposit toward any monies owed for the free rent or rental concession period.” Because the vendor’s permit does not specify that the security deposit can be used to cover...
...In the one case we have found which discusses the issue of tenants’ security deposits under Civil Code section 1950.5, the court rejected the argument that a trust relationship was created. (Federated Mortgage Investors v. American Sav. & Loan Assn.
loss to the landlord from having to deposit the security deposit in a losing arrangement.” (Italics added.) In other words, landlords would not necessarily have to pay out more interest than they earned on the security deposits, because the Ordinance...
I American received the security deposits from the tenants as security for the performance of the leases and it held those deposits as trustee for the tenants.
...32 [“The main problem in declaring [a landlord’s holding of a tenant’s security deposit to be] a trust relationship is that the landlord with a fiduciary duty to his tenant also has an interest in the security deposit...
statements for security deposit deductions, and defendants’ evidence. Griswold also
Section 1950.5, subdivision (e), allows a landlord to claim any portion of the security deposit reasonably necessary to compensate for unpaid rent, repairs, and cleaning. Section 1950.5, subdivision (f), provides in pertinent part: “Within three weeks after the...
campaign”; (4) an order enjoining defendants “from withholding security deposits for
provide statements and documentation for security deposit deductions. In the eighth
It is equally clear that no agreement, express or implied, between American, Federated or Central Towers could reduce or eliminate the rights of the tenants to a refund of the security deposits or portion thereof to which they would be...
As we have noted, absent a contractual right to receive the security deposits from American, Federated would have no right thereto by virtue of its acquisition of legal title to the building since the security deposits did not run with...
Section 1950.5, subdivision (e), allows a landlord to claim any portion of the security deposit reasonably necessary to compensate for unpaid rent, repairs, and cleaning. Section 1950.5, subdivision (f), provides in pertinent part: "Within three weeks after the...
Civil Code section 1950.5 implicitly authorizes security deposits by explicitly placing limitations on them. A security deposit “shall be held by the landlord for the tenant who is party to the lease or agreement.” (Civ. Code, § 1950.5, subd...
security deposit class. Plaintiffs asserted, “There is common proof that Defendants have
appreciable damage.” As to paid utility bills being deducted from security deposits,
defendants could “litigate the amounts deducted from the security deposit of each
We conclude that 250 violated section 1950.7 by retaining the security deposit to cover its damages for future rent owed under the lease, because section 1950.7 allows a security deposit to be applied only against unpaid *709
...688, 690 [7 P.2d 204].) Federated acquired no right to the security deposits merely because it succeeded to the title to the property. It had no contractual rights to such security deposits with either American or Eichler or Central...
...the primary function of which is to secure the execution of a rental agreement. ...[[]] This bill would define security as inclusive of any payment, fee, deposit, or charge, thereby eliminating the distinction between payments or deposits based upon their primary...