Rent Due,!Can I Ask LL if I can use 1of 3 Deposits as rent

I am in CA, and our rent is due today in the amount of $2750.00. We are a family of four with two children and only one income. When we moved here on May 1, 2009, we gave the LL a payment of $19,250.00, which constitutes 3 months security deposit equal to $8250.00 and the first 4 months rent equal to $11,000.00. We are struggling on catching up with all our back up bills along with rest of the Californians. We have put away $1000.00 for the rent and just cant think of any other ways to get around this not until for the next two weeks for next pay checks.

We are on a Residential lease or Month to Month Rental Agreement. The Contract  says under the  Move-In Costs Received/Due---- Category: Rent from 05/01/09 to 05/30/09 paid $2750.00; Security Deposit paid $5,500.00; Other/Last Month paid $2750.00; Other/3month rent paid $8,250.00; TOTAL PAID: $19,250.00.

As explained above, we cant come up with the 1750.00 and our utily bills are on a 48hrr. notice. Please help us.

You can ask.

And it looks like you might have a little leverage but you are going to have to do some studying.

Last month's rent is considered part of the security deposit. So your LL collected the equivalent of 4 months rent as a security deposit which appears to be illegal in CA.

The limit is a security deposit of the equivalent of 3 months rent if you rent furnished and 2 months rent if you rent unfurnished.

See Page 23 of the following tenant's rights guide:

http://www.thelpa.com/...

The statutory reference for that law is 1950.5(c):

http://www.leginfo.ca....

Is the unit rented as furnished?

3 months security seem high otherwise.

Double check whats allowed for LL to hold.

Thank you for your response, I have been doing some studying and followed the links you were kind enough to share thank you ... My greatest worries is how to bring this on with the landlord, I' went through the tenants guide a few times but Im afraid I am back to where I started. Do I write the LL a letter, and if so how do I write and address the letter?

It's unfurnished, other than the kitchen appliances, washer and dryer.

fran515:

It's unfurnished, other than the kitchen appliances, washer and dryer.

Then it appears that the 3 months deposit plus last month rent is 2 months over the legal limit.

fran515:

My greatest worries is how to bring this on with the landlord, I' went through the tenants guide a few times but Im afraid I am back to where I started. Do I write the LL a letter, and if so how do I write and address the letter?

Written notice is always best as it can be used as evidence in court.

This is not legal advice and whatever you do based on my comments you do at your own risk.

But I would simply make a written demand for the money back, less the balance of the current rent that's due, and quote the applicable provision of the statute. I might also write that if he doesn't give it back, I would apply it to current and future rent until it's used up.

If you feel uncomfortable doing that, it would probably be worth a couple of hundred to have a lawyer write the letter.

The downside is that the LL could just respond with a pay or quit notice followed by filing eviction in court. So be prepared to defend yourself in court if that happens.