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  1. #1
    Join Date
    Jul 2007
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    1

    Default Commercial Security Deposit Returns in California

    In California, if the landlord of a commercial rental fails to return security or supply reasons for keeping it after months beyond the end of the lease, do they lose the right to keep the deposit as they would if it were a residential lease? Would the commercial vs residential make a difference?

  2. #2

    Default Re: Commercial Security Deposit Returns in California

    In California the laws for security deposits are different. Civil Code 1950.5 drives residential. 1950.7 and .8 more so the commercial. With commercial there are less rights. Much is dependent on what is written in your agreement.

    The bad faith retention of a COMMERCIAL SD only has a potential fine of $200 per 1950.7

    f) The bad faith retention by a landlord or transferee of a
    payment or deposit or any portion thereof, in violation of this section, may subject the landlord or the transferee to damages not to exceed two hundred dollars ($200), in addition to any actual damages.

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