Legal Question in Landlord & Tenant Law in California
Tenant Owes Unpaid Rent
My tenant was behind in their rent payment, and therefore I sent the a letter to pay or vacate the property. They eventually left after about a month, but they still owed me rents equating to a few months' rent. What is my recourse for collecting the unpaid rent? Can someone help me?
2 Answers from Attorneys
Re: Tenant Owes Unpaid Rent
Did you keep the security deposit? Make sure to account to the former tenant for it in writing (you're probably already late in doing so). You may sue in either small claims or superior court for the amount still owed. Once you get a judgment, a lawyer can help you attempt to collect.
Re: Tenant Owes Unpaid Rent
As Mr. Cohen ably points out, you may take unpaid rent out of the security deposit, but, by law, you are supposed to refund the deposit, or explain and delineate spending the deposit within 21 days. Do so at once!
Mr. Cohen has also told you where you can go to sue. Before you spend money on court costs, remember that winning in court, and collecting are two different matters. Make sure your tenant has a job, car, etc.
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