Legal Question in Real Estate Law in California

Withholding Security Deposit

I rented a room in my home in July. Before the person moved in or gave any money, he was advised that he could not make any changes to the room without talking to me first. After he moved in, he hung pictures/posters/shelves all over the place (while I was on vacation). He started having company over all night long, people in and out, loud voices, t.v. running all night long and this kept me up. I asked him several times not to keep this up, but he ignored me. He was also late on rent for two consecutive months. Then he said he couldn't pay the rent at all, so I told him he would have to be out in 3 days. He didn't leave for 8 days because he had no one to move him, left the room filthy, never offered to pay any more rent (even for the 8 days), then came back a week later insisting I give him back his security deposit. What rights do I have and can I keep his deposit because he refused to pay rent?


Asked on 12/05/00, 3:27 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Withholding Security Deposit

Civil Code section 1950.5 covers residential security deposits. You might want to read it at your local law library or probably your public library will have it. Among the uses to which a security deposit can be applied by the landlord are unpaid rent and tenant-caused property damage.

You should document everything to the extent possible, i.e. take photos of the damage, keep repair receipts, write down your recollections of events while they are fresh in your mind and date your notes, etc. in case you are sued.

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Answered on 12/05/00, 4:26 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Withholding Security Deposit

You have 14 days after he moves out to provide an itemized list of damages and costs of repair. Your failure to respond within that time can result in a penalty.

Mail the itemized list to his last known address. that is either his new address or your home address, or whereever he received mail.

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Answered on 12/05/00, 5:28 pm


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