SB 603, as amended, Leno. Landlord and tenant: security deposit.
Existing law governs the duties of a landlord and the rights of a tenant with respect to demanding, holding, and returning the security for a rental agreement for residential real property, as specified.
Existing law authorizes a court to award statutory damages of up to twice the amount of the security, in addition to actual damages, for the bad faith claim or retention by a landlord or the landlord’s successors in interest of the security or any portion thereof in violation of these provisions of existing law, or the bad faith demand of replacement security in violation of existing law.
This bill would instead require a court to award the above-described statutory damages for the bad faith claim or retention of security or the bad faith demand of replacement security by a landlord or the landlord’s successor in interest. Absent bad faith, the bill would require an award of statutory damages of an amount equal to the amount improperly withheld, in addition to actual damages, for an unlawful claim or retention or demand of replacement security.
The bill would require a tenant to be paid interest on security, as specified, and would require a landlord to provide notice of the tenant’s right to this interest, except as specified.
end deleteThe bill would also require all rental deposits to be held by the landlord on behalf of the tenant in an account at a financial institution that is insured by an agency of the federal government and would prohibit the commingling of rental deposits with the personal funds of the landlord. The bill would require a landlord to notify the tenant of the financial institution the name and address of where the account was established.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1950.5 of the Civil Code is amended to
2read:
(a) This section applies to security for a rental
4agreement for residential property that is used as the dwelling of
5the tenant.
6(b) As used in this section, “security” means any payment, fee,
7deposit, or charge, including, but not limited to, any payment, fee,
8deposit, or charge, except as provided in Section 1950.6, that is
9imposed at the beginning of the tenancy to be used to reimburse
10the landlord for costs associated with processing a new tenant or
11that is imposed as an advance payment of rent, used or to be used
12for any purpose, including, but not limited to, any of the following:
13(1) The compensation of a landlord for a
tenant’s default in the
14payment of rent.
15(2) The repair of damages to the premises, exclusive of ordinary
16wear and tear, caused by the tenant or by a guest or licensee of the
17tenant.
18(3) The cleaning of the premises upon termination of the tenancy
19necessary to return the unit to the same level of cleanliness it was
20in at the inception of the tenancy. The amendments to this
21paragraph enacted by the act adding this sentence shall apply only
22to tenancies for which the tenant’s right to occupy begins after
23January 1, 2003.
24(4) To remedy future defaults by the tenant in any obligation
25under the rental agreement to restore, replace, or return personal
26property or appurtenances, exclusive of ordinary wear and tear, if
27the
security deposit is authorized to be applied thereto by the rental
28agreement.
P3 1(c) (1) A landlord may not demand or receive security, however
2denominated, in an amount or value in excess of an amount equal
3to two months’ rent, in the case of unfurnished residential property,
4and an amount equal to three months’ rent, in the case of furnished
5residential property, in addition to any rent for the first month paid
6on or before initial occupancy.
7(2) This subdivision does not prohibit an advance payment of
8not less than six months’ rent if the term of the lease is six months
9or longer.
10(3) This subdivision does not preclude a landlord and a tenant
11from entering into a mutual agreement for the landlord, at
the
12request of the tenant and for a specified fee or charge, to make
13structural, decorative, furnishing, or other similar alterations, if
14the alterations are other than cleaning or repairing for which the
15landlord may charge the previous tenant as provided by subdivision
16(e).
17(d) Any security shall be held by the landlord for the tenant who
18is party to the lease or agreement. The claim of a tenant to the
19security shall be prior to the claim of any creditor of the landlord.
20(e) The landlord may claim of the security only those amounts
21as are reasonably necessary for the purposes specified in
22subdivision (b). The landlord may not assert a claim against the
23tenant or the security for damages to the premises or any defective
24conditions that preexisted the tenancy, for ordinary wear
and tear
25or the effects thereof, whether the wear and tear preexisted the
26tenancy or occurred during the tenancy, or for the cumulative
27effects of ordinary wear and tear occurring during any one or more
28tenancies.
29(f) (1) Within a reasonable time after notification of either
30party’s intention to terminate the tenancy, or before the end of the
31lease term, the landlord shall notify the tenant in writing of his or
32her option to request an initial inspection and of his or her right to
33be present at the inspection. The requirements of this subdivision
34do not apply when the tenancy is terminated pursuant to subdivision
35(2), (3), or (4) of Section 1161 of the Code of Civil Procedure. At
36a reasonable time, but no earlier than two weeks before the
37termination or the end of lease date, the landlord, or an agent of
38the
landlord, shall, upon the request of the tenant, make an initial
39inspection of the premises prior to any final inspection the landlord
40makes after the tenant has vacated the premises. The purpose of
P4 1the initial inspection shall be to allow the tenant an opportunity to
2remedy identified deficiencies, in a manner consistent with the
3rights and obligations of the parties under the rental agreement, in
4order to avoid deductions from the security. If a tenant chooses
5not to request an initial inspection, the duties of the landlord under
6this subdivision are discharged. If an inspection is requested, the
7parties shall attempt to schedule the inspection at a mutually
8acceptable date and time. The landlord shall give at least 48 hours’
9prior written notice of the date and time of the inspection if either
10a mutual time is agreed upon, or if a mutually agreed time cannot
11be scheduled but the tenant still wishes an
inspection. The tenant
12and landlord may agree to forgo the 48-hour prior written notice
13by both signing a written waiver. The landlord shall proceed with
14the inspection whether the tenant is present or not, unless the tenant
15previously withdrew his or her request for the inspection. Written
16notice by the landlord shall contain, in substantially the same form,
17the following:
18
19“State law permits former tenants to reclaim abandoned personal
20property left at the former address of the tenant, subject to certain
21conditions. You may or may not be able to reclaim property without
22incurring additional costs, depending on the cost of storing the
23property and the length of time before it is reclaimed. In general,
24these costs will be lower the sooner you contact your former
25landlord after being notified
that property belonging to you was
26left behind after you moved out.”
27
28(2) Based on the inspection, the landlord shall give the tenant
29an itemized statement specifying repairs or cleanings that are
30proposed to be the basis of any deductions from the security the
31landlord intends to make pursuant to paragraphs (1) to (4),
32inclusive, of subdivision (b). This statement shall also include the
33texts of paragraphs (1) to (4), inclusive, of subdivision (b). The
34statement shall be given to the tenant, if the tenant is present for
35the inspection, or shall be left inside the premises.
36(3) The tenant shall have the opportunity during the period
37following the initial inspection until termination of the tenancy to
38remedy
identified deficiencies, in a manner consistent with the
39rights and obligations of the parties under the rental agreement, in
40order to avoid deductions from the security.
P5 1(4) Nothing in this subdivision shall prevent a landlord from
2using the security for deductions itemized in the statement provided
3for in paragraph (2) that were not cured by the tenant so long as
4the deductions are for damages authorized by this section.
5(5) Nothing in this subdivision shall prevent a landlord from
6using the security for any purpose specified in paragraphs (1) to
7(4), inclusive, of subdivision (b) that occurs between completion
8of the initial inspection and termination of the tenancy or was not
9identified during the initial inspection due to the presence of a
10tenant’s possessions.
11(g) (1) No later than 21 calendar days after the tenant has
12vacated the premises, but not earlier than the time that either the
13landlord or the tenant provides a notice to terminate the tenancy
14under Section 1946 or 1946.1, Section 1161 of the Code of Civil
15Procedure, or not earlier than 60 calendar days prior to the
16expiration of a fixed-term lease, the landlord shall furnish the
17tenant, by personal delivery or by first-class mail, postage prepaid,
18a copy of an itemized statement indicating the basis for, and the
19amount of, any security received and the disposition of the security,
20and shall return any remaining portion of the security to the tenant.
21After either the landlord or the tenant provides notice to terminate
22the tenancy, the landlord and tenant may mutually agree to have
23the landlord deposit any remaining portion
of the security deposit
24electronically to a bank account or other financial institution
25designated by the tenant. After either the landlord or the tenant
26provides notice to terminate the tenancy, the landlord and the tenant
27may also agree to have the landlord provide a copy of the itemized
28statement along with the copies required by paragraph (2) to an
29email account provided by the tenant.
30(2) Along with the itemized statement, the landlord shall also
31include copies of documents showing charges incurred and
32deducted by the landlord to repair or clean the premises, as follows:
33(A) If the landlord or landlord’s employee did the work, the
34itemized statement shall reasonably describe the work performed.
35The itemized statement shall include the time spent and the
36reasonable hourly
rate charged.
37(B) If the landlord or landlord’s employee did not do the work,
38the landlord shall provide the tenant a copy of the bill, invoice, or
39receipt supplied by the person or entity performing the work. The
40itemized statement shall provide the tenant with the name, address,
P6 1and telephone number of the person or entity, if the bill, invoice,
2or receipt does not include that information.
3(C) If a deduction is made for materials or supplies, the landlord
4shall provide a copy of the bill, invoice, or receipt. If a particular
5material or supply item is purchased by the landlord on an ongoing
6basis, the landlord may document the cost of the item by providing
7a copy of a bill, invoice, receipt, vendor price list, or other vendor
8document that reasonably documents the cost of the item
used in
9the repair or cleaning of the unit.
10(3) If a repair to be done by the landlord or the landlord’s
11employee cannot reasonably be completed within 21 calendar days
12after the tenant has vacated the premises, or if the documents from
13a person or entity providing services, materials, or supplies are not
14in the landlord’s possession within 21 calendar days after the tenant
15has vacated the premises, the landlord may deduct the amount of
16a good faith estimate of the charges that will be incurred and
17provide that estimate with the itemized statement. If the reason for
18the estimate is because the documents from a person or entity
19providing services, materials, or supplies are not in the landlord’s
20possession, the itemized statement shall include the name, address,
21and telephone number of the person or entity. Within 14 calendar
22days of
completing the repair or receiving the documentation, the
23landlord shall complete the requirements in paragraphs (1) and (2)
24in the manner specified.
25(4) The landlord need not comply with paragraph (2) or (3) if
26either of the following applies:
27(A) The deductions for repairs and cleaning together do not
28exceed one hundred twenty-five dollars ($125).
29(B) The tenant waived the rights specified in paragraphs (2) and
30(3). The waiver shall only be effective if it is signed by the tenant
31at the same time or after a notice to terminate a tenancy under
32Section 1946 or 1946.1 has been given, a notice under Section
331161 of the Code of Civil Procedure has been given, or no earlier
34than 60 calendar days prior to the expiration of a
fixed-term lease.
35The waiver shall substantially include the text of paragraph (2).
36(5) Notwithstanding paragraph (4), the landlord shall comply
37with paragraphs (2) and (3) when a tenant makes a request for
38documentation within 14 calendar days after receiving the itemized
39statement specified in paragraph (1). The landlord shall comply
40within 14 calendar days after receiving the request from the tenant.
P7 1(6) Any mailings to the tenant pursuant to this subdivision shall
2be sent to the address provided by the tenant. If the tenant does
3not provide an address, mailings pursuant to this subdivision shall
4be sent to the unit that has been vacated.
5(h) Upon termination of the landlord’s interest in the premises,
6whether by sale,
assignment, death, appointment of receiver, or
7otherwise, the landlord or the landlord’s agent shall, within a
8reasonable time, do one of the following acts, either of which shall
9relieve the landlord of further liability with respect to the security
10held:
11(1) Transfer the portion of the security remaining after any
12lawful deductions made under subdivision (e) to the landlord’s
13successor in interest. The landlord shall thereafter notify the tenant
14by personal delivery or by first-class mail, postage prepaid, of the
15transfer, of any claims made against the security, of the amount
16of the security deposited, and of the names of the successors in
17interest, their addresses, and their telephone numbers. If the notice
18to the tenant is made by personal delivery, the tenant shall
19acknowledge receipt of the notice and sign his or her name on the
20landlord’s
copy of the notice.
21(2) Return the portion of the security remaining after any lawful
22deductions made under subdivision (e) to the tenant, together with
23an accounting as provided in subdivision (g).
24(i) Prior to the voluntary transfer of a landlord’s interest in the
25premises, the landlord shall deliver to the landlord’s successor in
26interest a written statement indicating the following:
27(1) The security remaining after any lawful deductions are made.
28(2) An itemization of any lawful deductions from any security
29received.
30(3) His or her election under paragraph (1) or (2) of subdivision
31(h).
32This subdivision does not affect the validity of title to the real
33property transferred in violation of this subdivision.
34(j) In the event of noncompliance with subdivision (h), the
35landlord’s successors in interest shall be jointly and severally liable
36with the landlord for repayment of the security, or that portion
37thereof to which the tenant is entitled, when and as provided in
38subdivisions (e) and (g). A successor in interest of a landlord may
39not require the tenant to post any security to replace that amount
40not transferred to the tenant or successors in interest as provided
P8 1in subdivision (h), unless and until the successor in interest first
2makes restitution of the initial security as provided in paragraph
3(2) of subdivision (h) or provides the tenant with an accounting as
4provided in
subdivision (g).
5This subdivision does not preclude a successor in interest from
6recovering from the tenant compensatory damages that are in
7excess of the security received from the landlord previously paid
8by the tenant to the landlord.
9Notwithstanding this subdivision, if, upon inquiry and reasonable
10investigation, a landlord’s successor in interest has a good faith
11belief that the lawfully remaining security deposit is transferred
12to him or her or returned to the tenant pursuant to subdivision (h),
13he or she is not liable for damages as provided in subdivision (l),
14or any security not transferred pursuant to subdivision (h).
15(k) Upon receipt of any portion of the security under paragraph
16(1) of subdivision (h), the landlord’s successors in interest shall
17have
all of the rights and obligations of a landlord holding the
18security with respect to the security.
19(l) (1) The claim or retention by a landlord or the landlord’s
20successors in interest of the security or any portion thereof in
21violation of this section, or the demand of replacement security in
22violation of subdivision (j), shall subject the landlord or the
23landlord’s successors in interest to statutory damages of an amount
24equal to the amount of the security improperly withheld, in addition
25to actual damages.
26(2) Notwithstanding paragraph (1), the bad faith claim or
27retention by a landlord or the landlord’s successors in interest of
28the security or any portion thereof in violation of this section, or
29the bad faith demand of replacement security in violation of
30subdivision
(j), shall subject the landlord or the landlord’s
31successors in interest to statutory damages of up to twice the
32amount of the security, in addition to actual damages.
33(3) The court shall award statutory damages pursuant to this
34subdivision whenever the facts warrant that award, regardless of
35whether the injured party has specifically requested relief. In any
36action under this section, the landlord or the landlord’s successors
37in interest shall have the burden of proof as to the reasonableness
38of the amounts claimed or the authority pursuant to this section to
39demand additional security deposits.
P9 1(m) No lease or rental agreement may contain any provision
2characterizing any security as “nonrefundable.”
3(n) (1) From the commencement of the tenancy, interest on the
4security held by the landlord shall accrue for each complete month
5in which the security is held by the landlord at a rate based upon
6the average annual interest rate for the last year published by the
7Federal Reserve Board on its Internet Web site for a six-month
8certificate of deposit
9(2) Interest on the security shall be paid to the tenant at the time
10when the notice of initial inspection is required to be provided
11pursuant to subdivision (f) or when the itemized statement is
12required to be provided pursuant to subdivision (g), whichever is
13earlier.
14(3) Interest on the security held by the landlord shall be paid to
15the tenant separately from the payment of the underlying security
16and may not be withheld.
17(4) This subdivision shall not apply in any city, county, or city
18and county that by charter, ordinance, or regulation requires the
19payment to tenants of interest on security, nor does it preempt a
20local ordinance that requires the payment of security deposit
21interest.
22(5) A tenant who is entitled to interest under this section but
23who does not receive the interest payment by the
time required
24pursuant to paragraph (2) shall be entitled to statutory damages in
25the amount of the interest withheld in addition to actual damages
26or, in the case of bad faith withholding of interest, statutory
27damages in the amount of twice the interest withheld in addition
28to actual damages.
29(6) A landlord who is subject to this subdivision shall notify all
30tenants regarding each tenant’s right to receive interest on his or
31her security deposit. Notification shall be accomplished by any of
32the following:
33(A) Posting a notice at a conspicuous location within the
34residential premises.
35(B) Providing a written notice to the tenant at the time of
36entering into a rental or lease agreement.
37(C) Sending by first-class mail a written notice to the tenant.
38(o) (1) A security deposit held by the landlord shall be deposited
39in an account established and maintained solely for this purpose
40on behalf of the tenant in a bank, credit union, or other financial
P10 1institution that is insured by an agency of the federal government.
2This account may include security deposits from multiple tenants.
3However, moneys from a security deposit shall not be commingled
4with the personal funds of the landlord. This account shall not be
5used except as authorized pursuant to this section.
6(2) The landlord shall within 20 days of receiving the security
7deposit provide written notification to the tenant with the name
8and
address, whether physical or electronic, of the financial
9institution where the account was established.
10(3) Failure by a landlord to deposit the funds in a federally
11insured financial institution within 20 days of receiving the funds,
12or failure to disclose the location of the security deposit account
13within 20 days of a written request by a tenant, unless the location
14was disclosed as part of a written lease agreement, shall create a
15rebuttable presumption in any action under subdivision (l) that the
16challenged claim, retention, or demand was undertaken in bad
17faith.
18(p)
end delete
19begin insert(n)end insert Any action under this section may be maintained in small
20claims court if the damages claimed, whether actual or statutory
21or both, are within the jurisdictional amount allowed by Section
22116.220 or 116.221 of the Code of Civil Procedure.
23(q)
end delete
24begin insert(o)end insert Proof of the existence of and the amount of a security deposit
25may be established by any credible evidence, including, but not
26limited to, a canceled check, a receipt, a lease indicating the
27requirement of a deposit as well as the amount, prior consistent
28statements or actions of the landlord or tenant, or a statement under
29penalty of
perjury that satisfies the credibility requirements set
30forth in Section 780 of the Evidence Code.
31(r)
end delete
32begin insert(p)end insert The amendments to this section made during the 1985
33portion of the 1985-86 Regular Session of the Legislature that are
34set forth in subdivision (e) are declaratory of existing law.
35(s)
end delete
36begin insert(q)end insert The amendments to this section made during the 2003
37portion of the 2003-04 Regular Session of the Legislature that are
P11 1set forth in paragraph (1) of subdivision (f) are declaratory of
2existing law.
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