Legal Question in Real Estate Law in California

Re: Security Deposit as Last Month?

A security deposit is just that, a security deposit. It is not your last months rent. She could begin eviction proceedings against you, and report your action to credit reporting groups who handle rentals.

On the other hand, she is required to make a full accounting of the security deposit and return any unused portion within 21 days of when you vacate. She can only retain funds for repair of damage, not normal wear and tear.

Re: Security Deposit as Last Month?

Dear Inquirer:

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http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

A security deposit can not be used by the tenant as the last month's rent (absent agreement of the landlord). A security deposit can be withheld by the landlord for tenant's failure to pay the last month's rent. If you fail to pay the last month's rent when it is due, the landlord can start eviction proceedings. In addition to possession of the premises, the landlord may be awarded money damages, including rent that is due, attorney fees, and costs. Getting evicted also can be a bad blemish on your credit record.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Security Deposit as Last Month?

I think the landlord must now settle up in 15 days on the deposit, not 21. Otherwise, I agree with the other attorneys.