Legal Question in Landlord & Tenant Law in California

Security Deposits Moved to Rent
Is it legal to move a tenants paid security deposit to rent while they are a current resident and then 3-Day them on not paying their deposit? The resident ledgers are terribly out of balance and It has been brought to my attention that deposits have been moved to pay for current delinquincies. I have been asked to be the one to enforce collecting or sending them a 3-Day even though they clearly have a copy in their file that says they paid their deposit. I am to tell them that even though they paid their deposit it was moved to rent so they still owe. I am very uncomfortable with this and am not sure if it is even legal to do. Please let me know what to do.

Asked on 12/09/07, 11:29 am

Robert L. Bennett Law offices of Robert L. Bennett

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Re: Security Deposits Moved to Rent

You are absolutely correct! Do not do it!

Deposits are used for unpaid rent, but only after tenants have moved.

I am enclosing the statue, if you want to read it, or show it to the landlord.http://housing.ucsc.edu/housing/CRO/pdfForms/CCCsecurity_deposit.pdf

If you need more help, please feel free to e-mail, or call, my office.

Answered on 12/09/07, 12:26 pm

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