Legal Question in Landlord & Tenant Law in California

Tenant suing me
My tenant was only 11 days late to pay, but when I called to ask her about the payment she hung up on me. I gave her a 3 day pay or quit and she moved by the 3rd day. Without paying anything for the 14 days she occupied the property, she is demanding her full deposit back which is equal to one months rent. Now because I didn't give it back within 21 days she is suing me 3 times the amount plus moving costs. Is this actually possible!

Asked on 6/19/08, 1:29 am

Robert L. Bennett Law offices of Robert L. Bennett

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Re: Tenant suing me

The 21 day rule is for landlord's to repay deposit. Actually, you are the one who violated the law, not her.

I suspect there is a lot more to the story that isn't included in your statement of facts.

You have a right to collect rent for the days she vacated the premises, but you must make every reasonable effort to re-rent ASAP.

She can sue for any amount she wants to, but legally the most she can collect is double the rent plus costs and expenses.

You should immediately refund whatever is left after deducting for unpaid rent, damages, and re-cleaning.

Give her an itemization for your deductions.

Then you can sue in small claims.

Answered on 6/19/08, 9:10 am

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