Legal Question in Landlord & Tenant Law in California

Re: tenant deposit refund charge back

Complicated question, with a complicated answer.

Deposits are not punishment, and can be used for only three things:

1-unpaid rent.

2-damages that are not part of ordinary wear and tear.

3-cleaning, but only if premises are dirtier when moved out, than when moved in.

Because she violated the lease provisions, you can charge for the time it took to get a new tenant as unpaid rent. However, many, if not most, judges would side with the tenant, since there was notice, even if oral, and you did know she was leaving early.

Also, you sound especially callous in your reasoning---another point for the tenant.

Technically, you are correct. Practically, you could lose, and, if she takes you to court, it is possible to be out both court costs and attorney fees for the attempt to belatedly charge back the deposit.

One of the major factors making it great to be a lawyer is that I am faced with something totally new almost every day. Your question brings up facts that are totally new. I think that if you asked this question of five different lawyers, you would get five different answers.