Legal Question in Landlord & Tenant Law in California

Problem with previous tenant

I have a previous tenant who rented a room in my home and moved out 2 wks ago after I gave her a 30-day notice. She has not paid me 2 months' rent, so I told her that I would take her security deposit and she still owes me the balance of rent due. I asked her to sign an agreement to pay (even $50/month) for late rent on day she moved. She refused. She asked me to hold mail for 2 months, I said I will only be nice and hold for 1 week & she picked that up already. Now she's saying I agreed to hold 2 months because she has no money to pay for her court paper address to be changed. I said I will send all mail back to sender now. She got mad and said she saw pile of mail of previous tenant I held (I did this a favor for other tenant). She said she has witness that saw mail which means she went through my personal drawers. I think she's trying to blackmail or threaten me cuz she thinks I did something wrong. She said also that I put her out of shower cuz there was a leak & I had to fix asap even though she suggested I let her use my shower & she did. She now said she never agree to use my shower and that I made it hard for her to shower even though I left room open for her all day to use. Help, please!


Asked on 10/22/07, 2:36 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Problem with previous tenant

So far, your problems are relatively minor, other than the discomfort you feel at dealing with this person.

You are obligated to send her a written statement detailing the distribution of her deposit, You should have done this within 21 days of her moving out.

As to the mail, you are under no obligation to hold the mail, especially because you know she went through your personal effects. You have every right to send the mail back. Actually, she is at fault, for not filing a change of address with the Post Office.

I do not know what type of help you want. You need to stand up for your rights, and sent the itemization for expenses with her deposit, also a bill for additional back rent, and then file a law suit in Small Claims Court.

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Answered on 10/22/07, 2:53 pm


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