Legal Question in Real Estate Law in California

Return of last month's rent to tenant

If a tenant damages your property, acknowledges that they did damage it & their security deposit does not cover the damages, can you deduct what is still owing from what is left on their last months rent deposit (they moved out early & we still owe them for 14 days of rent)?


Asked on 2/15/99, 5:42 pm

1 Answer from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: Return of last month's rent to tenant

The proper use of a deposit is as stated in the lease or tenancy agreement. If it was not

to cover damage, it should not be applied. Did the tenant give a full 30-days notice? If not,

then you may be due all of the last month's rent.

Also, the tenant can agree that you can keep the extra money in order to resolve the dispute and

not be sued. That would be the best way to go (get the agreement in writing).

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910


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Answered on 2/18/99, 8:19 pm


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