Legal Question in Landlord & Tenant Law in California

Breech of written rental agreement

My tenant, who is not a senior citizen nor handicapped, is moving out and I have discovered that she was keeping a small dog in the house which was a specific breech of our written contract. The dog repeatedly soiled the carpet with uring/feces. What are my landlord rights, and do I have the right to now keep the whole deposit based on the breech of contract alone?


Asked on 5/06/07, 9:55 am

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Breech of written rental agreement

Your tenant violated the lease, and you can sue for damages. You cannot keep the deposit as punishment. You can use the deposit to make any repairs caused by the tenant, her dog,or others who were her guests, provided that you cannot charge for ordinary wear and tear. You can keep the deposit for the repairs include new carpeting, and whatever is done to remove the odors. Keep careful documentation and submit to the tenant (in writing) within 20 days of moving.

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Answered on 5/07/07, 11:19 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Breech of written rental agreement

If your tenant is moving out, you may keep that portion of the deposit that will make you whole. If you have to replace the carpet and baseboards, etc., use the deposit to do so, to cover the labor involved, and the reasonable time such unusual repairs keep the apartment off the market. Technically, she breached the agreement. However, in my opinion, it's best to do only what is equitable and fair. Make sure you provide her a written accounting of the deposit deductions within the statutory period.

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Answered on 5/06/07, 3:13 pm


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