Legal Question in Landlord & Tenant Law in California

On Sept. 1, 2010, my tenant signed the month-to-month rental agreement for my home. He was to move in on Oct. 1, 2010. On Sept. 15, 2010, my tenant gave me his deposit in two payments. On Sept. 29, 2010, my tenant informed that he could not make the first month's rent until the 15th. I informed him this was unacceptable and if he could not make the rent I would have to use his deposit to make the rent (which he would forfit) and I would have to find a new tenant. He assured me that he would work it out. On Oct. 2, 2010, he informed me that would not be making the rent until after the fifth. I informed him that rent paid after the fifth are subject to a 50 dollar a day fee, as of today I have not heard from him. What are my options? Does he forfit his deposit? Can I find a new tenant?

Asked on 10/05/10, 1:11 pm

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You should apply the deposit to the rent and give the tenant a 30-day notice of termination of the lease.

Answered on 10/10/10, 11:40 pm

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