Legal Question in Civil Litigation in California
I Have a property that was rented as a SHORT-term rental to a guy & his fiance at significantly REDUCED rent because although I was working with bank to modify loan, I knew there'd be slim chance bank would go thru with modification. Tenant was VERY pleased with the home - new in great neighborhood, & after 9 months, inJune 2010 we let tenants know that they ought to look for new house because indeed bank would be taking back house.
The tenants looked at a few places thru our property mgr but said they didn't like any & ultimately stayed in our house. They stopped paying rent in Jan. 2011 but continued to live in house thru June 2011. Now they have said they will sue for the security deposit if we don't return it. We consider it unpaid rent. (Not to mention he sublet a room without our written consent & didn't pay up. Then he also acquired a big pitbull without our written consent - both we learned about just a month ago)
Any advice?
2 Answers from Attorneys
On what basis did they fail to pay any rent and claim a right to the security deposit? Has the bank foreclosed yet? Were they on a month to month tenancy? Do they have any assets? When exactly did they move out? Have you given them the required 21 day notice as to what is happening to the security deposit? There are many unstated facts that a lawyer would need to know to help you out.
You need to send to them a detailed letter stating why you are keeping the security deposit, which by law can be kept for unpaid rent due, including the subletting [ does your locale require a business license for renting a room], etc. Whether they have any assets determines if you sue them for back rent damages.
I handle such cases, charging $100 per hour for my work.
You apparently do not know the rules and procedures on leasing real property. Go consult with a local attorney to have him evict the tenants and try to collect your rent.
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