Legal Question in Landlord & Tenant Law in California

is a tenant that moved out prior to lease expiration, less than a year, entitled to a security deposit refund? he did not give written notice, he left personal property and he did not pay rent for the last eleven days of his lease?


Asked on 12/15/11, 10:55 am

1 Answer from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

A landlord is entitled to use the security deposit to cover the unpaid rent and for damage that is beyond ordinary wear and tear. Then, you need to send the tenant a refund of the unused portion, with an accounting of how the deposit was used. Generally, this accounting must be sent within 21 days of the tenant's vacating the premises.

As for the personal property, you need to go through some procedures that are prescribed by law. You can find a nice guide at the following website:

http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml

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Answered on 12/15/11, 11:14 am


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