Legal Question in Landlord & Tenant Law in California
3-day notice/security deposit
This is the situation a tenant moved in with a deposit our
ad said 1st month free . deposit moves you in. so his attorney issue us a check for deposit then my boss car was broken into and checks were stolen. so I phone the attorney
to issue the checks again and he stated that the tenant refuses to give us a 2nd check for his deposit . what action can i take . can a 3-day notice be given on the deposit or do I have to wait until the following month for
his actual rent to start?
2 Answers from Attorneys
Re: 3-day notice/security deposit
From what I can gather from your post, you offered a tenant to move in with the first month's rent free provided the tenant paid the deposit. You lost the deposit check and have not been able to obtain a replacement. Now the tenant refuses to pay the deposit. Right? If that's the case, then serve a 3 day notice and commence eviction action if tenant doesn't pay. Good luck.
Re: 3-day notice/security deposit
I agree with what my colleague says. The tenant is required to pay the deposit as part of the written lease agreement, I'm sure. If the tenant has not paid (even though a check was presented), then he's already breached the lease agreement. (Do you want to keep this person as a tenant, anyway?) Please let me know if I can be of assistance.
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