Q: Our family has rented a beach house for a week on the Northern California coast. The rental contract says that if we violate any of the contract's terms, such as the occupancy limit, rules for pets and smoking, and so on, we will "automatically forfeit" the security deposit in full, and we'll be liable for any costs that exceed the deposit. Is this legal? --Jane and Brian P.
A: In a word, no. In California, as in most states, landlords may use security deposits only to cover past-due rent, to pay for repairs due to damage that exceeds regular wear and tear, and to cover the cost of replacing missing or destroyed personal property belonging to the landlord. more...