Legal Question in Real Estate Law in California
landlord
I have a client who remained on the property after her lease was up on 5/30/07, until 6/02/07. Can I legally withhold some of her security deposit?
3 Answers from Attorneys
Re: landlord
You lease agreement should cover this. If it doesn't, then you can consult with our CA attorney and get a proper lease prepared so you're in the driver seat.
Re: landlord
Typically, residential leases state that security deposits can be used to compensate a landlord for unpaid rent.
Check your lease. If you point that out to her, you would probably be able to withhold the prorated amount for 3 days rent without an argument from your Tenant.
Re: landlord
If the last day of the lease was 5/30, and the tenant vacated on 6/2, she owes for 5/31, 6/1 and 6/2. You can deduct this from the security deposit. Unless the lease provides for a specific rental rate for holdover tenancies, the daily rate will be related to the previous rental or lease rate, and if rent were paid on a monthly basis, the tenant would owe 3/30ths or 1/10 of a month's rent.
Since your tenant is already gone, you don't have the possible issue of accepting rent from a holdover tenant implying an extension of the lease.