Legal Question in Landlord & Tenant Law in California

On May 28th 2010 I had a perspective tenant give me a $1400 dollar deposit for a three bedroom house. The perspective tenant signed a document that I drafted stating that the approximate move in date would be June 10th 2010.

The perspective tenant told me that she was approved for section eight housing for a quantity of $1291, and the rental price for my unit is $1450. I have been waiting for the section eight inspections to take place by the Contra Costa Housing Authority since June 10th 2010. Today, I spoke with a representative from the housing authority and they told me that the perspective tenant was only approved for a two bedroom unit at $871 dollars. So, the perspective tenant lied to me. Furthermore, she does not qualify because she only collects $1300 dollars in unemployment (her father was supposed to help her). So, she would have to pay a difference of $579 which the Contra Costa Housing Authority says is too high a percentage of her income.

Am I entitled to keep the deposit or a portion of the deposit? She does not qualify for this unit according to the housing authority and I have been passing up other potential renters. Any advice will be greatly appreciated.

Thank You for your time!


Asked on 6/16/10, 11:29 am

1 Answer from Attorneys

You need to rent the property to another tenant as quickly as possible. Assuming you have evidience of what the prospective tenant told you, hopefully a rental application for most of it, then you have a number of theories under which you can keep the deposit or portion of it to cover any lost rents from 6/10 until you get a new tenant.

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Answered on 6/16/10, 3:34 pm


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