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California Civl Code 1950.5 states that ''No lease or ...

Sent to Legal Experts February 13 2008 at 9:56 AM
   

California Civl Code 1950.5 states that ''No lease or rental agreement may contain any provision characterizing any security as "nonrefundable".'' On an internet site I read that if my lease states that a free month rent is payable if I terminate my lease early, then that lease is considered be in violation of the above Civil Code because it is seen as an illegal attempt to circumvent the nonrefundable secuity law. Can someone confirm this for me? If that is true, how should I proceed with the apartment complex management?

Customer (name blocked for privacy)
Status:  Closed   Value: $30
Answer
February 13 2008 at 10:20 AM (23 minutes and 25 seconds later)
         
REPLIEDCheck Mark
Here is 1950.5:http://www.housing.ucsc.edu/housing/CCC_SecurityDeposits.pdf

The security deposit cannot be "non refundable". A landlord may be liable for double damages in the case of a fraudulent attempt to keep a security deposit. As I read the statute, it is legal for a landlord, under contract law, to have a tenant forfeit a free month rent for breach of contract by the tenant's leaving the premises before expiration of the lease. That would not violate the intent of 1950.5. That would be an allowable damage under breach of contract law. Therefore, I do not believe that you can proceed against management in this situation under the argument that their contract clause was a violation of 1950.5. I am sorry.

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1 Other Expert Agrees with this!
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J D Haas -- Lawyer (JD) -- 99% Positive Feedback on 1816 Legal Accepts
21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials
Reply
February 13 2008 at 10:26 AM (6 minutes and 10 seconds later)
         
Reply to J D Haas's Post: Mr. Haas,

May I please refer you to the website URL that precipitated my question:

http://www.caltenantlaw.com/breaklease.htm

After reviewing the above website, please let me know what you think. Thank you.
Customer (name blocked for privacy)
Answer
February 13 2008 at 10:38 AM (12 minutes and 4 seconds later)
         
ACCEPTEDCheck Mark
I have reviewed the website. I do not agree with the website and I do not agree with the conclusions of the author. I stand by my answer. It certainly is legal for a landlord to have a liquidated damages clause in case of a breach. That does not violate Cal. law.
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J D Haas -- Lawyer (JD) -- 99% Positive Feedback on 1816 Legal Accepts
21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials
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February 13 2008 at 10:48 AM (10 minutes and 25 seconds later)
         
In order for me to be fully convinced, I suppose I will have to find some case law precedent for my situation. This will probably require a visit to a law office. I do appreciate the oppotunity to get quick legal advice.
Customer (name blocked for privacy)
Answer
February 13 2008 at 10:52 AM (3 minutes and 22 seconds later)
         
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J D Haas -- Lawyer (JD) -- 99% Positive Feedback on 1816 Legal Accepts
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February 13 2008 at 11:34 AM (42 minutes later)
         
Thanks again for you input. If I am able to gather additional information, conclusive or otherwise, I will let you know.

Regards,

Abluefin
Customer (name blocked for privacy)
Answer
February 13 2008 at 12:03 PM (29 minutes and 27 seconds later)
         
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