Legal Question in Landlord & Tenant Law in California
Refund
I collected first and last months rent from a tenant. She moved out
after the first two days when she moved in, and she is demanding all
of the last months rent which I had received? Am I required by law to
refund all of this since her last month was covered - I did not tell her
it was a deposit?
1 Answer from Attorneys
Re: Refund
You haven't provided enough information. Did you have a written lease? Why did she move out? Were you able to get another tenant?
The landlord can use the security deposit to pay for the landlord�s expenses tenant fails to perform some duty such as pay as a tenant. For example, a landlord can use the security deposit if the tenant defaults by not paying all of the rent before moving out, by damaging the rental unit beyond normal wear and tear, or by leaving the unit less clean than when the tenant moved in. The legal definition of "security deposit" sums all of this up by stating that a security deposit is a charge imposed by the landlord to secure the landlord against future tenant defaults. The "last month's rent" is a security deposit in the eyes of the law.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
