Legal Question in Landlord & Tenant Law in California
My California landlord allowed me in writing to get out of my lease because she didn't want to fix some things as promised when I moved in 4 months ago. So I gave my 30 day notice. I will be out the middle of December so I will pay 1/2 the rent for Dec.
Question: My rent will only be $700 for December; but my security deposit is $1,350. There is no damage to house,etc., Will I be in trouble if I have her just use the security deposit??? Thank you!
2 Answers from Attorneys
The security deposit is not meant to take the place of the monthly rental charge. Unless you get the landlord's permission, you must pay therent. If it mere meant to be for the last month's rent it would be called that. It is meant to cover [secure] any damages caused, either physical damages to the unit or monetary damages fornot paying rent.
You cannot require the landlord to use the security deposit for last months rent. The landlord can agree to do this but is not required. So it will not hurt to ask.
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