Legal Question in Real Estate Law in California

Security Deposit, w/only 24 day notice

I own my own home and have a person renting

bdr/bath. Our contract states 30 day notice of moving. I

received notice on the 7th. Can I deduct 6 days rent fro,

sec. dep.? Can I use part of the sec. dep. to help pay for

house cleaning? His bathroom/bedroom is atrocious.

Thank You,


Asked on 6/28/02, 1:07 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Security Deposit, w/only 24 day notice

Yes, you can make deduction from security deposit for reasonable cost to restore to acceptable cleanliness. Take before and after pictures, keep time records and don't over-bill for your own labor if you do it yourself.

As far as notice on the 7th -- notice can be given on ANY day of the month; it doesn't have to correspond to the anniversary of renting, the first of the month or the rental due date. However, you are entitled to rent for the entire 30-day notice period, whether or not the tenant uses the space, and so you're probably entitled to a fractional month's rent, which can be withheld from the security deposit if not otherwise paid.

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Answered on 6/28/02, 1:48 pm


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