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Q.My lease says my security deposit is non-refundable. Is that legal?
A.No. California Civil Code Section 1950.5(m) prohibits any rental agreement or lease from characterizing a security deposit is "nonrefundable." There is no such thing as a non-refundable security deposit no matter how it is characterized-.last month's rent, move-in fee, pet deposit, key deposit, etc. All money paid by a tenant beyond the first month's rent is refundable.
If at the end of your lease or after you move-out the landlord refuses or fails to return your security deposit within 21 days, make a written demand for it. If you receive no response, file a claim in Small Claims Court for the amount illegally withheld, any out-of-pocket costs you incurred as a result, and the statutory damages for he landlord's bad faith retention of it. The court may award the tenant statutory damages of up to twice the amount of the security deposit retained plus any actual damages the tenant may have incurred. A "non-refundable" security deposit provision in a lease or rental agreement is strong evidence of the landlord's bad faith. It is a very good idea to ask an attorney to help you prepare your small claims presentation and the fee should be relatively small.
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