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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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Cal. Civ. Code § 1947.3

Cal. Civ. Code § 1947.3 California state

(b) A landlord or its agent shall not charge a tenant any fee for payment by check for rent or security deposit as described in this section.

Cal. Civ. Code § 1950.5

Cal. Civ. Code § 1950.5 California state

...If any remaining portion of the security is to be returned to multiple adult tenants, the landlord may return the security by either a check by first-class mail, postage prepaid, or an electronic deposit to a bank account or...

Cal. Civ. Code § 1950.5

Cal. Civ. Code § 1950.5 California state

(3) Notwithstanding this subdivision, if, upon inquiry and reasonable investigation, a landlord’s successor in interest has a good faith belief that the lawfully remaining security deposit is transferred to the successor in interest or returned to the tenant pursuant...

Cal. Civ. Code § 1950.5

Cal. Civ. Code § 1950.5 California state

(p) Proof of the existence of and the amount of a security deposit may be established by any credible evidence, including, but not limited to, a canceled check, a receipt, a lease indicating the requirement of a deposit as well...

Cal. Civ. Code § 1947.3

Cal. Civ. Code § 1947.3 California state

(a) (1) Except as provided in paragraph (2), a landlord or a landlord’s agent shall allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds...

Cal. Civ. Code § 1950.5

Cal. Civ. Code § 1950.5 California state

(b) As used in this section, “security” means any payment, fee, deposit, or charge, including, but not limited to, any payment, fee, deposit, or charge, except as provided in Section 1950.6, that is imposed at the beginning of the...

Cal. Civ. Code § 1950.5

Cal. Civ. Code § 1950.5 California state

(4) To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto...

Cal. Civ. Code § 1950.5

Cal. Civ. Code § 1950.5 California state

...The landlord shall thereafter notify the tenant by personal delivery or by first-class mail, postage prepaid, of the transfer, of any claims made against the security, of the amount of the security deposited, and of the names of the...

Cal. Civ. Code § 1950.5

Cal. Civ. Code § 1950.5 California state

...an action under this section, the landlord or the landlord’s successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits.

Cal. Civ. Code § 1950.5

Cal. Civ. Code § 1950.5 California state

...prior to any repairs or cleanings for which the landlord will make a deduction from or claim against the security deposit pursuant to this section, and shall also take photographs of the unit within a reasonable time after such repairs...

Cal. Civ. Code § 1947.3

Cal. Civ. Code § 1947.3 California state

(2) A landlord or a landlord’s agent may demand or require cash as the exclusive form of payment of rent or deposit of security if the tenant has previously attempted to pay the landlord or landlord’s agent with...

section 1951

250 LLC v. Photopoint Corp.(usa), 32 Cal. Rptr. 3d 296 (2005) California state

250 searches the security deposit and remedies sections of the lease for an implicit waiver of section 1950.7. As previously indicated, the lease defines “Security Deposit” to mean the cash deposit and the letter of credit. The security deposit...

§ 17200

Peviani v. Arbors at California Oaks Property Owner (2021) California state

The second class would focus on the security deposit issues (the security deposit

section 1951

250 LLC v. Photopoint Corp.(usa), 32 Cal. Rptr. 3d 296 (2005) California state

] If Landlord transfers its interest in the Premises, Landlord may assign the Security Deposit to the transferee and, following the assignment, Landlord shall have no further liability for the return of the Security Deposit. Landlord shall not be required to...

section 1951

250 LLC v. Photopoint Corp.(usa), 32 Cal. Rptr. 3d 296 (2005) California state

If Landlord uses the Security Deposit, Tenant shall on demand restore the Security Deposit to its original amount.

Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)

Aljabban v. Fontana Indoor Swap Meet, Inc. (2020) California state

Carrasco have paid a security deposit in the amount of $2,680.00.16 However, the vendor’s permit does not state that the security deposit may be used to repair damage to the premises. Instead, the vendor’s permit...

Runnymede Holdings, LLC v. Foster (2023)

Runnymede Holdings, LLC v. Foster (2023) California state

12 imposed as an advance payment of rent, used or to be used for any purpose . . . .” (Italics added.) The plain language of the statute establishes that a security deposit may be imposed as an advance payment of rent. Therefore, it...

section 1951

250 LLC v. Photopoint Corp.(usa), 32 Cal. Rptr. 3d 296 (2005) California state

250 contends that, given the sheer size of the security deposit, it must have been intended to serve as security for the payment of rent that would be owed after PhotoPoint defaulted. While we would agree with that assertion, the...

section 1951

250 LLC v. Photopoint Corp.(usa), 32 Cal. Rptr. 3d 296 (2005) California state

...The Security Deposit shall be in the amount of $49,544.17. The Security Deposit shall be delivered to Landlord upon the execution of this Lease by Tenant and shall be held by Landlord without liability for interest (unless required...

§ 1805

Action Apartment Ass'n v. Santa Monica Rent Control Board, 114 Cal. Rptr. 2d 412 (2002) California state

...Code, § 1950.5, subd. (f).) As a result, landlords must keep security deposit funds relatively liquid in order to return security deposits, in whole or in part, on short notice. Yet, the Board insists that landlords pay interest on security...