Legal Question in Landlord & Tenant Law in California

I rented my house to a tenant. The tenant said that they could not pay all the deposit money at once. Therefore, we signed the lease agreement whereby they will pay the deposit in three installments. Now that they have started living in the house, they are not paying the deposit. They are however paying the rent. What legal mechanism do I have to get the deposit? I understand that I cannot file an unlawful detainer over unpaid deposit. Is that right?


Asked on 11/06/13, 10:03 pm

2 Answers from Attorneys

That is correct. You need to take it to small claims court.

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Answered on 11/07/13, 1:24 pm
Anthony Roach Law Office of Anthony A. Roach

You sue over a breach of contract. Basically, you are suing for the money that they promised to deposit on the contract. I'm not sure how much money is involved, as small amounts can be handled in small claims court. But I've seen larger amounts that exceed the jurisdiction of small claims court, so you may want to consult with an attorney first.

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Answered on 11/07/13, 1:31 pm


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