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a policy of applying improper charges to security deposits regardless of cleanliness or
roommate paid a security deposit of $425. The dumpsters overflowed and smelled bad.
all of the $425 security deposit and billed Mendez $528. An itemized statement
Moving to the security deposit class, defendants asserted that the law required an
by denying certification of the advertising and habitability class. C. SECURITY DEPOSIT CLASS
primary question for the security deposit class, in regard to commonality for class
defendants who bear the burden of proving the reasonableness of their security deposit
have refunded a security deposit to her; (2) Lubbock did not document preexisting
section 1951.7, subdivision (a), which defines an “advance payment” under a lease as “moneys” deposited with the landlord to secure performance of the lease, or other payment that is the “substantial equivalent” of such a deposit. 250 thus submits...
...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...
...44, 47, italics added.) Moreover, if 250’s construction of section 1950.7 were adopted, landlords could retain security deposits well beyond the statutory deadline in every case, on the ground that the deposit “might” not cover prospective damages, and...
premiums, and a class of former tenants sued for return of those premiums on the ground that they were security deposits within the meaning of section 1950.5. Under section 1950.5 the landlord was required, within three weeks of...
A landlord may use a security deposit to pay for repairing “damages to the
tenant’s security deposit to repair any conditions that preexisted the tenant’s occupancy
the security deposit in violation of the foregoing law may subject the landlord “to
The elements of an action for wrongful retention of a security deposit under Civil
In its ruling, the trial court denied class certification for the security deposit class
that defendants took a pet odor deduction from her security deposit despite her not
The original version of Civil Code section 1950.5 defined security as “any payment or deposit of money the primary function of which is to secure the performance of a rental agreement or any part of such an agreement, . . . made...
...waivers of section 1950.5’s protections for residential security deposits (§ 1953, subd. (a)(1)), its failure to do so with respect to commercial security deposits indicates that waivers are permissible as to those deposits. (See Hersh v. State Bar