Legal Question in Real Estate Law in California
Landlord/tenant issues
my roommate and i had a verbal contract. (i asked her to type one out a few times and she never did) i have lived here 2.5 yrs. i understood the sum which was not the first month's rent to be the last month's rent, she is saying it was a security deposit and i still owe her current rent. she is about to give me a 3 day eviction notice. i gave her 21 days notice, but am willing to ammend to give her 30 days. do i owe her current month's rent?
5 Answers from Attorneys
Re: Landlord/tenant issues
Yes. It is a security deposit under the law.
Re: Landlord/tenant issues
Yes. It is a security deposit under the law.
Re: Landlord/tenant issues
Yes. It is a security deposit under the law.
Re: Landlord/tenant issues
I would say "probably" rather than yes. There is nothing in the law to require a landlord to take a security deposit, nor to prevent a landlord from collecting "first and last month's rent" in advance in lieu of a security deposit; a few landlords may actually do this.
However, if the additional money collected up-front is styled as a security deposit, which is the almost universal practice among sophisticated landlords, then the tenant cannot escape paying the last month's rent by telling the landlord to "just use up the security deposit."
The landlord is entitled to have the full deposit still on deposit at the moment the lease expires. That's when it will be known what damage, if any, needs to be deducted from it. If the deposit is depleted by use as rent, the landlord is left with no security at the time it is most likely needed.
Re: Landlord/tenant issues
Yes. The rule of law on that is: "No one gets to live for free".
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