<p>Of course, I should have indicated that my discussion of 3-day notices was not intended to be a complete overview of eviction requirements. Hope your unlawful detainer lawsuit goes well. Our goal with these is just to get the people out. We have NEVER been successful getting any $ from these people, we are just glad when they are out, and hopefully they haven’t destroyed the place. Like you, we are very picky w/ tenants, and these problems have been very few and far between. Good luck with it all, artlover.</p>
<p>Here is the section deal with deposits in California:
The law limits the total amount that the landlord can require you to pay as a security deposit. The total amount allowed as security depends on whether the rental unit is unfurnished or furnished and whether you have a waterbed.</p>
<p>Unfurnished rental unit: The total amount that the landlord requires as security cannot be more than the amount of two months’ rent. If you have a waterbed, the total amount allowed as security can be up to two and-a-half times the monthly rent.
Furnished rental unit: The total amount that the landlord requires as security cannot be more than the amount of three months’ rent. If you have a waterbed, the total amount allowed as security can be up to three-and-a-half times the monthly rent.
Plus first month’s rent: The landlord can require you to pay the first month’s rent in addition to the security deposit
Techinically I can request a 3 months of deposit, since the house is partially furnished.</p>
<p>No, I cannot hold/forfit the deposits on the grounds of early termination only.</p>
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A payment that is a security deposit cannot be nonrefundable.95 However, when you move out of the rental, the law allows the landlord to keep part or all of the security deposit in any one or more of the following situations:</p>
<p>You owe rent;
You leave the rental less clean than when you moved in;
You have damaged the rental beyond normal wear and tear; and
You fail to restore personal property (such as keys or furniture), other than because of normal wear and tear.
If none of these circumstances is present, the landlord must return the entire amount that you have paid as security. However, if you have left the rental very dirty or damaged beyond normal wear and tear, for example, the landlord can keep an amount that is reasonably necessary to clean or repair the rental.96 Deductions from security deposits are discussed in detail in Refunds of Security Deposit.</p>
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