Westminster, CA asked in Real Estate Law and Landlord - Tenant for California

Q: Does anyone have any experience or knowledge about Civ Code 1950.5(c) and prepaid rent? We were looking to sign a

a 12 month residential lease and collect a (2 month's worth of a) security deposit and 6 months advance rent at move in. We wanted to structure the lease so the 6 months advance rent would be applied to the 1st month and last 5 months (so that tenant could demonstrate ability to pay in months 2 through 7). We were told that 1950.5(c) does not allow this and that the advance rent must be applied to the first 6 months. I do not see this requirement in the Code. Any insight would be appreciated.

1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: You were told correctly.

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