Legal Question in Landlord & Tenant Law in California
landlord wouldn't do walk through-can he keep deposit?
I gave a 30-day notice Jan.3 to my Landlord. I told him a that I want to use a portion of my deposit as the rent for Feb. (I don't trust him to be fair, he has charged me for repair of the A/C heater and I hd to set up our own phone line when I moved in. He even blamed me when our apartment was broken into. Also,there's been an gas leak in the oven this whole time-we haven't used the oven) I sent 3 certified letters between 7th and the 16th asking for a variety of days and times for a walk-through.I did not hear from Landlord, but I showed up most of those days and on every weekend. Got a call Feb 20 (I told him I'd moved on the 7th) and he said he had received all of our letters. He wanted to schedule for Feb 26 or 27. I set up Feb 27 and I told Landlord that it was not reasonable time for me to fix any possible problems he found in the apartment. I sent him a letter the next day telling him the same. Then I sent a letter and told him that I needed him to confirm that he was going to show up for this appointment otherwise I would consider the apartment satisfactory and that I would mail pictures of the cleaned apartment and the keys. I have not heard from him and he did not show.Can he still keep my deposit and charge Feb rent?
1 Answer from Attorneys
Re: landlord wouldn't do walk through-can he keep deposit?
You cannot use a deposit for rent unless the landlord agrees to do it. If you fail to pay the rent, he can serve you with a 3-day notice to pay or quit and start an eviction once the notice period ended.