Results 1 to 2 of 2
  1. #1
    Join Date
    Sep 2011
    Posts
    1

    Default Gave Tenant 60 Day Notice, She Abandoned Room in Less Than 30 Days

    My question involves landlord-tenant law in the State of: California

    I'm the owner of a house and had a tenant on a month to month lease. She had been in the room for 3 years and started having problems paying rent on time. Her rent was due the 3rd of each month. After a bounced check, on the 5th she broke off ALL communication with me. She did deposit the rent into my account on the 7th. On 8th I gave her a 60 day notice for her to be out of the room by November 11th.

    She completely avoided me; coming home late, leaving early, not responding to emails, txts, letters left on and under her door. Never acknowledge that I can show her room to potential tenants. She even "booby trapped" her door to see if I entered the room and in the 1 brief encounter I had with her, she threatened to sue me if I go in the room. She gave me no notice that she would move out before November 11th. I came home Sept 30th and she had packed everything and moved out. She left no forwarding address so sent letters to her last know address (mine) that came back to me.

    I was not able to get a new tenant until November 1st.

    Now I got an email requesting the $500 deposit. Since I was expecting her to be in the house until November, can I use the security deposit for part of the $675 October rent?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Gave Tenant 60 Day Notice, She Abandoned Room in Less Than 30 Days

    Since I was expecting her to be in the house until November, can I use the security deposit for part of the $675 October rent?
    Yes, you can.


    A landlord can deduct from the tenant’s security deposit:

    The cost of fixing any damages to the property caused by the tenant or the tenant’s guests. This does not include ordinary wear and tear.
    The cost of cleaning the unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in (less reasonable wear and tear).
    Unpaid rent (including rent owed if the tenant does not give the landlord the proper notice that he or she is moving out).

    http://www.courts.ca.gov/1049.htm

    1. Sponsored Links
       

Similar Threads

  1. Giving Notice: Gave 30 Days Notice, Lease Says 60 Days Notice Required
    By deenasean in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-03-2011, 08:08 AM
  2. Rental Agreements: Tenant Only Gave 30 Days - Lease Stated Must Give 60 Days Notice to Vacate
    By newlandlord1 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-22-2011, 02:08 PM
  3. Eviction Notices: I Rented a Room, Gave 30 Days Notice on Day 3, then on Day 10 the Cops Say I Have to
    By kinesis in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-14-2011, 06:27 PM
  4. Eviction Notices: Tenant Gave 30 Days Notice Now Wants to Stay
    By debokor in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-22-2009, 09:54 PM
  5. Giving Notice: Tenant Not Moving Out After They Gave Me 30 Days Notice To Vacate
    By fuelishways in forum Landlord-Tenant Law
    Replies: 11
    Last Post: 04-19-2008, 01:11 PM
 
 
Sponsored Links

Legal Help, Information and Resources