Legal Question in Landlord & Tenant Law in California

My tenant broke a lease and walked out. Can I retain her security deposit as compensation?


Asked on 3/18/10, 11:54 am

1 Answer from Attorneys

Provided you make all commercially reasonable efforts to re-rent the premises, you are entitled to continue charging rent until the property is occupied, or the term of the broken lease is up, IF the tenant's breach of the lease was not for good cause. You can deduct that rent from the deposit along with the usual deductions, but be sure to meet the 21-day deadline for providing an itemized withholding. If the lost rent exceeds the deposit, you can keep it all and then sue for the balance in small claims court.

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Answered on 3/23/10, 3:50 pm


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