Basic Rules Governing California Security Deposits

californialandlordtenantrentlaw.com, May 10, 2007

Note: Some cities may have more laws.
The landlord can use the security deposit to pay for the landlord’s expenses if you fail to perform some duty as a tenant (that is, if you default on a tenant obligation). For example, a landlord can use your security deposit if you default by not paying all of your rent before you move out, by damaging the rental unit beyond normal wear and tear, or by leaving the unit less clean than when you moved in. The legal definition of "security deposit" sums all of this up by stating that a security deposit is a charge imposed by the landlord to secure the landlord against future tenant defaults.

The CALIFORNIA EVICTION PROCESS

If the tenant doesn't voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant.

In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.

 In an eviction lawsuit, the landlord is called the "plaintiff" and the tenant is called the "defendant."

 An unlawful detainer lawsuit is a "summary" court procedure. This means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. For example, in most cases, the tenant has only five days to file a written response to the lawsuit after being served with a copy of the landlord's complaint. Normally, a judge will hear and decide the case within 20 days after the tenant files an answer.