Legal Question in Real Estate Law in California

Tenant consistently late with rent/bounced check for security deposit

I have a tenant living in a rental property in Palm Springs, CA. Their security deposit check bounced and they have been consistently late with rent by a couple of days every month. We're now going into the fourth month. They agreed to pay a minimum of $500.00/month toward the remainder of their security deposit ($3,500 left). I have tried to be flexible and am now worried that it is going to make things difficult to get them out. Their rent was due on the 15th and today is the 17th and I still haven't received their check. I've never charged them the late fees in the lease (knowing they can't even pay the security deposit). By allowing them to pay $500.00 each month (which I agreed to via e-mail), does this set new terms for the lease? Can I evict them based solely on their refusal to pay the security deposit agreed to in the lease? They are also uncommunicative when they pay late rent--I have to call them and find out when check is coming, and feel that I am being taken advantage of because it undermines my cashflow. I know I can serve them a 3-day pay or quit for rent, but can I serve them one for the deposit that was in the lease? Do our new terms of them paying $500/month toward the deposit have any legal recourse?


Asked on 9/17/08, 3:56 pm

1 Answer from Attorneys
Richard Pinette Law Office of Richard Pinette, APLC

Re: Tenant consistently late with rent/bounced check for security deposit

It depends on the lease agreement and your oral agreement. It appears tenant has breached both.

You may be able to serve them with two covenant notices (one for late fees and one for security deposit). These could be served in conjunction with the pay rent or quit. The tenant would need to cure all three notices to prevent you proceeding with an unlawful detainer action. The notices need to honor any grace period provided for in lease.

I recommend you speak with a landlord tenant attorney to assist you with this matter.

NOTICE: No attorney-client or confidential relationship is created through this communication. The information provided is of a general nature only and does not constitute legal advice or a legal opinion and requires that the poster obtain legal advice from an attorney to protect his or her rights.

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Answered on 9/17/08, 5:32 pm


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