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About rent-controlled apartments and security deposits....

Business 4 views 1 answers
When I moved in 10 years ago, I was charged a non-refundable pet deposit for 2 dogs in addition to the max security deposit the RSO allows. I just learned that nonrefundable deposits are illegal in California. Is there a way to request my pet deposit be returned now instead of when I move out (no plans to in foreseeable future)? With interest?

Attorney Answer

1
Jethro Busch ·
If your total deposit exceeds what is permissible under Civil Code Section 1950.5, then you can demand a refund of the surplus (with interest), and sue in small claims court to get it back if the landlord refuses to pay. However, it is arguable that your claim arose when the over-payment was made, in which case it is possible that the landlord can claim that the claim is barred by the statute of limitations.
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