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Question: Real Estate - California

Asked on 11/6/2009
Is it possible to borrow from the deposit, and promise to pay it back?
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 due to various reasons --- in our situation we were expecting some loans we lend and we were promise to be paid by the end of the month. We have put away $700.00 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. Is it possible to borrow from the deposit, and promise to pay it back?

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Answers (2):

SJZ, Member in Good Standing of the New York Bar


No, unfortunately the tenant has no legal right to borrow from or against the security or any other deposits. Once you submit the deposit, it is held for your benefit, but you do not have any control over it. Certainly, you could ask the landlord to let you borrow money (whether against the deposit or otherwise), but that is completely at the landlord's discretion--they are under no obligation to loan you anything.



  • Answered on 11/6/2009
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Mr. Robin Mashal


Disclaimer:  The materials provided below are informational and should not be relied upon as legal advice.

The other attorney is correct that you generally do not have a right to borrow against security deposit.  However, your description raises an issue of whether the landlord took an excessive amount of security deposit from you.  You did not specify which city you reside in, so I can not tell if any local rent control laws may apply to you.  Looking at general California law, Section 1950.5(c) of the California Civil Code limits "security deposit" amount to two months' rent (for unfurnished residential property) or three months' rent (for furnished residential property), unless there is special circumstances (e.g. tenant will have a waterbed, landlord will be doing alterations at tenant's request, landlord and tenant agree to a larger deposit amount, etc.).  Please be sure to consult your own attorney to protect your legal rights. 



  • Answered on 11/6/2009
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