Legal Question in Landlord & Tenant Law in California

collecting unpaid rent

My former tenant filed a suit against me on the payment of the security deposit. I have offered a settlement in writing stating, �despite an extra 9 days of rent provided to you at no charge [�] .� I was willing to let it go though we hadn't had any agreement on them staying extra days (they just didn�t move out on time). Now they are suing me for something I have good reasons and evidences for, I thought I would ask them for the extra days of rent. I am wondering if my aforementioned words give me no rights to ask for that. Thank you for your help.


Asked on 7/20/06, 1:22 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: collecting unpaid rent

I assume the lawsuit is in small claims court. You are permitted to file a counterclaim for the amount of rent you are owed. I take it that you were willing to let the rent slide after the fact to avoid the bother, but since they're hassling you, you can counterclaim for the rent. Did you give them an accounting as required by law for the disposition of the security deposit? That still wouldn't preclude you from the counterclaim.

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Answered on 7/20/06, 2:10 pm
Randy Schlosser Law Office of RM Schlosser

Re: collecting unpaid rent

Under Calif law you are required to give an accounting of the security deposit within 21 days of the tenant vacating. Failure to do this results in your ability to use the security deposit for any expenses. Did you do the accounting?

You should also countersue in small claims for any expenses you have, including back due rent.

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Answered on 7/21/06, 10:16 pm


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