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Q.Other than rent, what other fees can the landlord demand?
A.In addition to rent, a landlord may ask you to pay a number of other fees and deposits. You have the right to ask for a written receipt or written agreement explaining the charges and how you can get a refund later. Although the law considers all deposits to be "security deposits," here are some of the payments that the owner might ask you to make:
- Last month’s rent in advance. The owner can ask you to pay the last month’s rent before you move in. Then, if you give proper notice before moving out, you will not have to pay rent during the last month.
- Security deposit. This deposit can be used to repair or replace items damaged during the tenancy. But if there was no misuse and just general wear and tear, the security deposit should be returned within three weeks of your move-out date. If part of the deposit is being withheld, the landlord must provide a detailed statement listing the fee associated with each item.
- Cleaning fee or deposit. Please note that if your lease says this fee is not refundable, the clause is illegal. Whether it is called a fee or a deposit, this money should be returned if you keep your place clean. Remember to take pictures before you leave.
- Credit check fee. Many landlords will pass the cost of doing a credit check to you. In California they may charge you up to $30.
If the landlord fails to return your security deposit, you can sue in small claims court. If you win the case, you could get part or all of your deposits back. You also may be paid a penalty if the court decides that the owner failed to return the deposit in "bad faith," which means it was not a mistake.
In California, the total amount of all deposits must be limited to the cost of two months rent for an unfurnished apartment, and three months rent for one that is furnished.
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