Legal Question in Landlord & Tenant Law in California

Can my landlord sue me?

Can my landlord sue me if I use my security deposit as my last months rent? Monthly rent is $1100.00 and my security deposit was $1600.00. If I give my 30 day notice and don't pay rent for that month can he still sue me?


Asked on 7/02/07, 3:19 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Can my landlord sue me?

Yes, absolutely. The security deposit is for damages, extra cleaning if you leave the apartment dirtier than when you moved in, and unpaid rent. While the landlord can apply deposits for unpaid rent, the provisions of a lease are clear that security deposit is only used for rent if the tenant leaves with back rent due.

In addition, it will be a major hit on your credit history.

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Answered on 7/02/07, 7:14 pm


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