Legal Question in Civil Litigation in California
If a tenant tries to use his security deposit as rent after the lease says he can't, how can I get his rent money from him. There are also damages to the home, already known to the tenant, that he needs to repair. He is refusing to pay his last months rent and now I have no security deposit.
What can I do to get this money from him for repairs and rent?
2 Answers from Attorneys
Serve him with a three-day notice to pay rent or quit. If he doesn't, file an eviction lawsuit. Even if he moves out, you'll still be able to proceed with the lawsuit to collect whatever he owes you, and you won't have to track him down if he doesn't leave a forwarding address.
Tell him the security deposit was not for rent. When he doesn't pay rent, serve a three day pay or quit and evict him. You can still sue for the rent owed in a susequent lawsuit as pointed out by Mr. McCormick.
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