Legal Question in Real Estate Law in California

I had a real estate person look for a tenant,she found a tenant through another real estate,(they charge me finder fee). It is done on legal real estate document The tenant had a bad credit history,reason given was she just had a very bad divorce, I was reluctant at first, finally I agreed they said the tenant was willing to put a good amount of deposit and no pets. Now after a month the tenant has a small dog, and says she put too much deposit (equals a mount of 4 month rent) and want half the money back and says it is not legal for me to hold her money she knew what she was doing. I do not want to hold her money, but if I give half her deposit back. I am not sure if she will keep paying the rent. First reason for the large deposit was bad credit, in case if she stop paying her rent I will have enough time on my side to evict her and not lose my rent payment.

Asked on 5/16/12, 5:36 pm

2 Answers from Attorneys

David Van Sickle David Van Sickle Attorney

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Generally, you and the tenant are free to contract, subject to local rent control and housing laws. If your tenant gave you a deposit pursuant to a written agreement, that legal agreement is binding. I suggest you keep the deposit, and give the tenant notice

to vacate as required by your lease agreement.

Answered on 5/22/12, 10:14 am

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