Legal Question in Landlord & Tenant Law in California

Tenant left mess and did not pay last months rent

My tenant did not pay the last month rent and told me to take it out of the security deposit. This is not the point of the security deposit. The damages on the house are clearly greater than the deposit or monthly rent.

In our lease it says that the deposit would be used in lieu of last months rent. Is this a mistake? Would it be better to keep them separate? Now, I will probably need to take them to court. Should I sue for unpaid rent or excessive damages assuming that both are equal?


Asked on 1/25/09, 11:46 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Tenant left mess and did not pay last months rent

If the rental agreement says that the deposit is for the last month's rent, then you should probably seek damages for the mess they left. You might have an attorney review the rental agreement before you bring in another tenant to avoid a repeat performance.

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Answered on 1/25/09, 12:23 pm


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