Legal Question in Landlord & Tenant Law in California

Tenant Uses Deposit for Rent and Then Stays

My California tenant on a month to month rental room, failed to come up with the full deposit and then used the 400.00 he put up for deposit for half of his rent on the 2nd month. He was supposed to move out but was turned down on the place he was moving to. He then pays full rent on time for 3-4 months while ''trying to find a place''. Now he is smoking in the room which is forbidden in his rental agreement and has no deposit to secure the new paint needed when he moves out. I just received his July rent in cash (no receipt issued). I once again insisted that he pay the deposit (800.00) or move out. I want to apply the 800.00 toward his long-outstanding deposit and give him a Three Day Notice for the rent. Can I?


Asked on 7/02/09, 9:24 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Tenant Uses Deposit for Rent and Then Stays

You can issue a three day notice to him based upon the original default in the payment of rent, unless you agreed that he could use his deposit towards the unpaid rent, in which case you need to look at your lease and see if you have the right to demand replacement of the security deposit. If not, the easiest way to get rid of him is give him a 30 day notice - that way he cannot cure the default and remain in place. I assume you have a month-to-month rental with this tenant, and as such, you can terminate his tenancy on 30 days notice, and there is nothing he can do but move or be evicted.

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Answered on 7/03/09, 11:55 am


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