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  1. #1
    Join Date
    Jul 2007
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    2

    Default Landlord Withheld Part of Deposit for Utilities

    Can a landlord withhold part of security deposit for utilities if not expressed in California Civil Code section 1950.5? Can utilities be considered part of rent due?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Landlord Withheld Part of Deposit for Utilities

    What does the lease say?

  3. #3
    Join Date
    Jul 2007
    Posts
    2

    Default Re: Landlord Withheld Part of Deposit for Utilities

    The lease says that utilities are to be paid by the tenant. However the unit is an in-law unit and does not have its own meter.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Landlord Withheld Part of Deposit for Utilities

    If the lease defines the utility payment as rent, then it seems that it would be properly classified as unpaid rent.

  5. #5

    Default Re: Landlord Withheld Part of Deposit for Utilities

    Please re-read 1950.5 is says BUT NOT LIMITED TO...

    ANY obligation or default left behind by the tenant is interpretted to be chargeable in most courts per the terms of the written agreement, etc.

    Sounds like you left w/o paying your share of the agreed upon utility bills for that month?

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