California AB12 passed - security deposits are limited

California AB12 passed - security deposits are limited

Rental Property Investor · Whittier, CA · Member since 2014 · 324 posts · 268 votes

Previously, California landlords could collect a security deposit of up to 2x the rent for an unfinished apartment or 3x for a furnished unit.  Under the new law, they will be restricted to collecting no more than 1x the rent.  

Security deposits may be used for:

* Unpaid rent owned by the tenant (does not include late fees)

* Damage to the premises, exclusive of ordinary wear and tear, caused by the tenant / guest / licensee of the tenant

* Cleaning to return the unit to the same level of cleanliness the tenant had when they moved in

* To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement.


There is an exception if the landlord is a natural person or LLC where all members are natural persons and no more than two rental properties are owned with no more than four units total, then they will be allowed to charge up to two months' rent, unless the tenant is a service member.

AB12 goes into effect on July 1, 2024, and does not apply retroactively.

Full details of the law are available at 

https://leginfo.legislature.ca.gov/faces/billCompareClient.x...

0Reply
36 views

1 Reply

Jump to latestLatest
  • Rental Property Investor · Whittier, CA · Member since 2014 · 324 posts · 268 votes
    2y

    As a California landlord, we are trying to figure out how to respond to this.  We routinely collect 1.25x the rent as our standard deposit, and will increase the deposit if a prospective tenant has risk factors in their past (credit scores which falls into a zone between fully qualified and unqualified), if their income is close to the limit, if they have only lived with relatives previously).

    California and local jurisdictions have made landlording more risky, as it is not a simple matter to get a nonpaying or troublesome tenant out.  Gone are the days when a landlord could handle an eviction themselves.

    I am thinking that we will need to revise our policies to have a higher credit limit, longer and deeper prior landlord references, and require higher income and longer income history. 

    This law will make it even more difficult for marginal tenants or first time tenants to find housing.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.