Legal Question in Landlord & Tenant Law in California

My tenant is on a month to month rental agreement which means she is to give me 30 days notice. She gave me 7 days notice. I have a security deposit that is half of the months rent. Can I keep the security deposit and also ask for the difference between what security deposit and the monthly rental minus the 7 days notice she gave me? If I can is there like legal code or something to that affect that I can put in the letter I have to send to her regarding her security deposit? Thank you


Asked on 4/05/12, 7:53 pm

1 Answer from Attorneys

Brian Rosales Harris, Rosales & harris

Since she did not provide the appropriate notice, she owes rent for 30 days following the day she vacates or until you re-rent the unit. You are required to attempt to re-rent the unit as soon as you can. Whether or not you re-rent the unit within the 30-days will determine how much rent she will owe you. You can apply the security deposit to rent owed.

Be sure that you sent her the security depoist disposition within 21 days of her vacating the unit. If you miss that deadline you will be required to return the full deposit to her. She will still owe you the rent but you cannot look to the deposit if you miss that deadline. If the 30 days is not up and you have not re-rented by the time you need to send out the security deposit disposition, charge rent through the date that you send out the disposition. You cannot include future rent that may or may not become due. Any balance still owed after that can be sought in small claims.

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Answered on 4/09/12, 8:18 am


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