Legal Question in Real Estate Law in California

Increase in last months rent

When I moved into my rental 9-1/2 years ago, I was asked to put up $6350.00 which covered first, last months rent and an additional months' rent which was to be returned at the end of one year. In addition, $2000.00 was included in the total amount as security deposit. The monthly rent was $1450.00 at the time of the original lease signing. This lease was month to month. During the ensuing years, the landlord increased the rent twice. The first increase was to $1650.00/month and done about five years into the lease. A second increase was made in the seventh year to $2050.00/month. The landlady has asked me to pay an additional $600.00 to cover the difference between the original ''last months' rent'' of $1450.00 and the current monthly lease amount of $2050.00. Is she justified in this request?

Thank you for your help.


Asked on 2/27/04, 3:43 pm

1 Answer from Attorneys
Martin Snitow

Re: Increase in last months rent

i'd have to look at your lease to be sure, but I think you have already paid for the last month. This is a gray area of the law.

The maximum security deposit allowed in California is twice the monthly rental if unfurnished or three times if furnished. Civil Code §1950.5(c). Since the amount you paid would be illegal if it was all a security deposit, I would argue that you had prepaid the last month's rent and it wasn't a deposit at all.

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Answered on 2/27/04, 4:09 pm


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