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Re: New Tenant Late On Rent - Landlord Forum thread 360799








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Excuses!

Re: New Tenant Late On Rent by Daniel (CA) on August 24, 2020 @17:59

                              
in some states you can require tenant to prepay up to 6 months before moving in PLUS SD.

So in California on a 6 month lease you can require:

$1,000 rent
$2,000 SD
$6,000 Prepay
-------------
$9,000 move in money

This is a sure way to avoid deadbeats
[ Reply ] [ Return to forum ]

Re: New Tenant Late On Rent by Brendan on October 7, 2020 @22:47 [ Reply ]
Read the Calif Law Book Section ..www.dre.ca
I don't think you're correct. I think furnished unit the max is first month rent plus 2 more months of sec dep.
    Re: New Tenant Late On Rent by Brendan on October 7, 2020 @23:02 [ Reply ]
    I'm incorrect. Here's the update:
    Security deposit. A security deposit secures a tenant’s performance of lease obligations. It constitutes assurance
    to the landlord that, in the very least and to the extent of the security deposit, the tenant’s monetary obligations
    will be satisfied.
    Although a security deposit is generally cash deposited with the landlord, other forms are often used in
    commercial transactions: letters of credit and certificates of deposit. In addition, a security deposit may generally
    be categorized pursuant to the terms of the lease as:
    1. prepaid rent (generally for rent payable at the end of the term);
    2. a forfeitable security deposit (forfeited in its entirety upon a tenant default specified in the lease);
    3. a non-forfeitable security deposit (refunded at the end of the term, less debits attributable to specified tenant
    defaults); or
    4. a bonus for lease execution (non-refundable).
    In any event, a security deposit is held by the landlord for the benefit of the depositing tenant, and a tenant’s
    claim to the security deposit has priority over claims of all the landlord’s creditors except a trustee in
    bankruptcy.
    In a residential lease, notwithstanding the specific terminology (e.g., “advance payment,” “fee,” or “charge”) or
    the purpose designated (e.g., a “cleaning” or “security” deposit) used to describe a tenant’s monetary deposit to
    secure performance under the lease, the money deposited is a refundable security deposit. Any purported waiver
    134 CHAPTER NINE
    by a tenant of the right to a refund of the security deposit (less allowable debits attributable to the tenant’s
    defaults as specified in the lease) is null and void.
    A landlord may require that the tenant pay, regardless of the purpose therefor and in addition to the first month’s
    rent, a maximum of:
    two months’ rent in the case of an unfurnished residential property;
    three months’ rent in the case of a furnished residential property.
    If, however, the term of the lease is six months or longer, the landlord is not prohibited from collecting an
    advance payment of not less than 6 months rents.
    These limitations do not preclude the landlord and tenant from entering into a mutual agreement for the
    landlord, at the request of the tenant and for a specified fee or charge, to make structural, decorative, furnishing,
    or other similar alterations, if the alterations are other than cleaning or repairing for which the landlord may
    charge the previous tenant as provided by Civil Code Section 1950.5 (e).
    Within three weeks after a tenant vacates and surrenders the premises, but not earlier than the time that either the
    landlord or the tenant provides a lawful notice to terminate the tenancy or not earlier than 60 calendar days prior
    to the expiration of a fixed-term lease, the landlord must furnish the tenant, by personal delivery or by first class
    mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount if, any security
    received and the disposition of the security and must return any remaining portion of the security to the tenant.
    Along with the itemized statement, the landlord must also include copies of documents showing charges
    incurred and deducted by the landlord to repair or clean the premises, as detailed by Civil Code Section 1950.5.
    If the landlord sells the residential property or transfers its interest in the premises, the landlord may transfer the
    security deposit (less any lawful deductions) to the new landlord. In the event of any such transfer, the landlord
    must (by personal delivery or first-class mail, postage prepaid) g


    Now I believe $9K is correct for rent of $1K
    $2 months sec dep for unfurnished
    $5K for 6 month prepay (5 months does not include 1st month) damn. difficult

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