Rent and Security Deposit Disputes: What California Tenants and Landlords Need to Know

Rent and security deposit disputes are among the most common issues between landlords and tenants in California. Whether it’s an unjustified withholding of a security deposit or an excessive rent increase, these disputes can quickly escalate into legal battles. If you are facing such challenges, consulting an experienced real estate lawyer like Borna can help protect your rights.

Deposit Returns and Accounting

One of the most contentious issues in landlord-tenant relationships is the return of the security deposit. In California, landlords are required to follow strict laws regarding security deposit refunds. Key points to keep in mind include:

• Timeframe for Return: A landlord must return a tenant’s security deposit within 21 days after they move out.

• Itemized Deductions: If any portion of the deposit is withheld, the landlord must provide a detailed itemization of deductions, including receipts for repairs exceeding $125.

• Permissible Deductions: Landlords can deduct from the deposit for unpaid rent, damage beyond normal wear and tear, or cleaning necessary to return the unit to its original condition (excluding ordinary use).

• Tenant Rights: If a landlord withholds funds without justification, tenants can demand their deposit back through written notice. If unresolved, legal action may be necessary.

If you believe your security deposit is being unfairly withheld, attorney Borna can help you navigate California’s tenant protection laws and recover your rightful funds.

Excessive Rent Increases

California law places limitations on how much a landlord can increase rent, particularly under the Tenant Protection Act of 2019 (AB 1482). Important points to note:

• Annual Rent Cap: In most cases, landlords cannot increase rent by more than 5% plus the local rate of inflation, or 10% of the current rent, whichever is lower.

• Notice Requirements: For rent increases over 10%, landlords must provide a 90-day notice. For smaller increases, a 30-day notice is required.

• Exemptions: Some properties, such as single-family homes owned by individuals (not corporations), may be exempt from these restrictions.

• Retaliatory Increases: A landlord cannot raise rent in retaliation for a tenant exercising their legal rights, such as requesting repairs or reporting violations.

If you suspect your landlord has imposed an unlawful rent increase, Borna can review your case and determine the best course of action to protect your tenancy rights.

Contact an Experienced Real Estate Lawyer

Rent and security deposit disputes can be stressful and financially burdensome. Whether you are a tenant dealing with an unjust security deposit withholding or an excessive rent increase, or a landlord seeking legal guidance on compliance, attorney Borna can provide expert legal assistance.

📍 Borna – Real Estate Lawyer
📍 Address: 2530 Wilshire Boulevard, 3rd Floor, Santa Monica, CA 90403
📞 Phone: (888) 42-BORNA

Schedule a consultation today to protect your rights and ensure compliance with California’s rental laws.