Legal Question in Landlord & Tenant Law in California

Re: Condition, Maintenance, and Repairs

Where did you read that the deposit can be used to pay last months rent? The deposit by definition is a security for the landlord that if you leave without paying rent or cause more damage than normally would occur, there is some money available to cover those damages and the landlord does not have to sue you, wasting everyone's tie and clogging up the court system. What you read is a common urban myth; when something does not make sense from an objective viewpoint, you need to demand some authority backing it up in a convincing fashion.

However, if the landlord has created such difficult conditions that basically you have no choice but to move out, a constructive eviction [a forcing out by acts but not formal notice] has occurred and the lease can be treated as breached and you can move without paying any rent after moving. Your landlord will be very upset and probably try to keep all of your deposit so it is best to try to work something out with him first.

Re: Condition, Maintenance, and Repairs

Wrong!! Landlord ("LL") can apply deposit to unpaid rent, but if there are eviction oriceedings, your credit will be damaged (even if you win!) and it will be difficult to rent again without a co-signer. You may be dealing with a "constructive eviction". You should call the office of the building inspectors and register a complaint. They should send someone to your building very quickly, and, if there are code violations, you may not have to pay additional rent. You may e-mail or call my office when you have additional details. Again, just to be sure you understand, you cannot use your deposit for unpaid rent. LL can apply it if you default. Also, LL here is not doing you any favors, and assuming your facts are correct, you do have options to fight this legally. Good luck!