Legal Question in Real Estate Law in California
Security Deposit to be used for Unpaid Rent
My tenant wants out of our 1-year lease contract. But part of our agreement was that she finds a new tenant to replace her. We were able to find a new tenant shortly after the unit was advertised, with that my current tenant then informed me that she is hoping to move out by 10/20. At the time, the new tenant did not yet inform me of his target move-in date, but only stated that he would like to move in sometime around 10/20th. My current tenant then suggested that she pays 20 days worth of rent for the month of october first, and if things change with the new tenant, we will figure out the details when the time comes. I said fine. Soon after, i informed her that the new tenant has decided not to move in until the 30th, hence she will have to pay the 9 days worth of rent even if she plans to move out by the 20th. I then suggested that i can take the 9 days worth of prorated rent out of her security deposit, to which she screamed bloody murder and said that the security deposit cannot be used as 'last month's rent'. Is that true? She owes me 9 days worth of rent. If she doesn't pay, do I own the right to take that out of her security deposit?
1 Answer from Attorneys
Re: Security Deposit to be used for Unpaid Rent
The security deposit can be applied to any bona fide obligation of the tenant to the landlord arising out of the tenancy, including unpaid rent.
The rent owed can be based on a 30-day month, regardless of October having 31 days. This is in your favor.
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