Legal Question in Real Estate Law in California

Security Deposit Refund

I did give my tenant 30 days notice on 8/1/02 but by the end of the 30 days they refuse to move out. I had to contact an attorney to start the eviction. Today (9/13/02) I received a certified letter from my tenant that he already moved out on 9/9/02 (he never let me know he is moving that day or return any of the keys also I went there today to check the unit was not clean) and asking me to return a full refund of his security deposit or he will take it to court and get $600 on the top of the deposit. I got a contract with a new tenant for $1100 a month (the old tenant was $900) and he was ready to move 9/1/02 now he wants to cancel or move in 9/15/02. Now can I charge the old tenant for the 15 days on the new rate, plus the money I paid to the attorney for the eviction, cleaning, carpet cleaning and painting? Also he removed some of the trees with out my promotion and take them with him. It seems to me he read about the civil code and tries to use it to scare me.


Asked on 9/14/02, 2:53 am

1 Answer from Attorneys
Martin Snitow

Re: Security Deposit Refund

You may charge for unpaid rent (at the old rate) and for the cost of fixing and cleaning the apartment, "reasonable wear and tear excepted." What is reasonable is a matter of opinion; but the longer the tenant lived there the more cleaning and repair would be reasonable.

The value of the trees is an element of damage that you may deduct from the deposit. I seem to recall a statute that would allow you to sue for treble damages. Don't do this without consulting an attorney.

Whether you can charge for the attorney fee depends on the language of your lease.

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Answered on 9/15/02, 7:09 am


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