Are landlords allowed to require tenants to pay a security deposit in accordance with Fair Housing Law?
Yes, landlords are allowed to require tenants to pay a security deposit in accordance with Fair Housing Law in California. According to California Civil Code Section 1950.5, a landlord may request a security deposit, or its equivalent, up to two months rent for an unfurnished unit, or an amount equal to three months rent for a furnished unit. Furthermore, the landlord must inform the tenant in writing of the amount of the security deposit, the tenant’s rights regarding the security deposit, including the process for getting the deposit back, and any non-refundable fees charged. The security deposit must be put in a trust account, the tenant must be given information on the bank where the security deposit is held, and the landlord is required to provide an itemized statement when the tenant requests the refund. The security deposit can be used for any unpaid rent, to repair damages caused by the tenant beyond normal wear and tear, to clean or restore the unit to its condition when the tenant occupied it or to replace any equipment or appliances that were supplied with the unit. If the tenant pays rent on time and does not cause damage, the landlord must return the security deposit, minus any unpaid rent, within 21 days of the tenant’s departure.
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