Legal Question in Real Estate Law in California
Rental issue
Due to my lost job, I had to rent my house to avoid foreclosure. I took one month deposit. My tenant asked me to keep the deposit for the last month which is December 08 because he was going back to his house and had to have money in his account. I told him will agree if he pays his utility once I receive it, said he will. I moved in 1/1/09. Not considering the damages, I just received his utilities bill that he did not pay for 11 months $650.00 and he does not return my calls. I still have his December check. Is it legal to deposit that check? I am sure that check will bounced, Can I take him to the small claim court? Thank you--name removed--much for your help.
1 Answer from Attorneys
Re: Rental issue
If he hadn't paid his utility bill for 6 months it sounds like that was already part of the lease/rental agreement? I'm I missing something there?
Otherwise, the purpose of the deposit is to cover funds due the owner when and if, for example, the tenant vacates without paying rent or does damage to the rental. Most commonly, the tenant is told the security deposit is retained for out of the ordinary wear and tear on the rental. However, it can be used for other amounts legitimately owed. (Not for future rents.) So it sounds like you can use the deposit to cover your damages.
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