Legal Question in Landlord & Tenant Law in California

on a month-to-month contract My tenant only paid half of the rent for this month. I gave him 15 days to pay the remaining balance. He refuses to pay and said the security deposit should cover it. There is no mention of this in the contract. Am I required by law to use the security deposit to cover unpaid rent? he will be moving out in 2 months If i were to use the SD now that will leave $0 to cover for any damages when he moves out. 15 days has now pass, can I give him an 3 day eviction notice for unpaid rent?


Asked on 1/19/12, 11:41 am

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

He is wrong. Your are correct that the security deposit is used to cover damages after the tenant moves out. You can give him a three day notice for failure to pay the rent once the 15 days has passed. But tell him now what you plan to do.

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Answered on 1/19/12, 2:03 pm


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