Legal Question in Landlord & Tenant Law in California

A month-to-month tenant does not move out after a 30 day notice to vacate is given to them by the landlord. Then the tenant pays for the next month and moves out by the end of that month without notice. Is the landlord able to keep the full deposit in this situation? There is no back rent owed by the tenant and no written agreement.


Asked on 1/06/12, 8:42 pm

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

Since you accepted rent for the second month and the first, the only debt the tenant has is for the failure to give thirty days notice if you in effect withdrew that notice you gave by accepting the rent, which appears to be the case. So you can keep the deposit up to the time you could have reasonably re-rented the place. be sure to send the 21 day notice to the tenant as to what has happened to the deposit.

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Answered on 1/07/12, 2:51 pm


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