Legal Question in Landlord & Tenant Law in California

Can a landlord file a law suit or unlawful detainer and serve you a 3 day notice after you gave them a 30 day notice to move and you told them to use your deposit (more than the rent) for last months rent?


Asked on 2/08/11, 11:19 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The landlord can but, to me, it doesn't make too much sense unless the landlord suspects you did a lot of damage to the property that the remainder of your deposit won't cover. A security deposit is not supposed to cover the last month's rent, but only repairs that are beyond normal wear and tear.

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Answered on 2/08/11, 11:54 am


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