Q: In California can a landlord charge more than they monthly rent upon move in? In addition to a security deposit?
Our landlord charged us $2100 for first month rent and $1850 for deposit. Our contracted rent was $1850 and I am just coming to realize they did this because they have given us a 90 day notice to move since they say they are selling the house. Is it legal for them to charge that extra 250 since they said that was for the monthly rent? Would we be able to ask for the $2100 back as a security deposit upon move out? Thank you in advance.
A:
The LL is either very tricky or made an error and put the $2100 as rent when it should have been deposit. On move out you should ask for the difference since you overpaid rent, or since you are on a 90 day notice, maybe you should start hashing it out now in case there is pushback. Take photos of the property inside and out at the time you vacate. Recently someone posted on Justia that the LL wanted to charge them for damage that occurred after they left.
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