Legal Question in Landlord & Tenant Law in California

We have a house that we rented to this one tenant for a while and at first they paid their rent on time. However, ever since we switched to a month to month lease they have been late with their rent and now owe us a total of three months rent. We have asked them to move out and proceed to pay off the three months rent due. The day that they returned the property back to us they gave us the keys and instead of completing a walk-through of the residence, they left without signing any papers and told us that we could use the security deposit to cover the rent which is clearly stated in the rental agreement that the security deposit can only be used for damages done to the property. They are now refusing to answer our calls to clear up the situation and make them pay so i was just wondering what can we do to make them pay the last three months rent. I really need your help so any advice would be greatly appreciated!


Asked on 1/28/11, 8:59 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The courts have held that teh security deposit can also be applied to cover any past due rents. But be sure to notify the tenants in writing within 21 days after they vacate what sums you are keeping and why. For any more money still owed you, sue them in Small Claims Court, but it will be very difficult to get any money out of them. There are Nolo Press books on landlording and debt collecting.

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Answered on 1/29/11, 8:57 am


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