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  1. #1
    Join Date
    Mar 2014
    Location
    SoCal
    Posts
    2

    Default Charging a Tenant for Holding Over After the End of a Notice Period

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

    Our tenant gave their "30 day" written notice on January 31, intending to end their tenancy on February 28. So the first issue we have is whether that is actually a 30 day notice or not. Regardless of that, we contacted the utilies and arranged to have the utilities transferred back to our name as of March 1.

    Later, the tenant called on Feb 28 to ask for more time to move. We didn't agree, but indicated that we needed them out as soon as possible. They said they'd be done by March 2. We returned to the house on March 3, but the tenant still hadn't turned in their keys, and still had a lot of stuff on the premises. Finally, on March 10, they cleared out and returned the keys.

    Can we retain a portion of the security deposit for rent for the entire month of March? We've been told that if a tenant is in a place even one day, they owe for the whole month.
    Can we retain a portion of the security deposit equivalent to the amount we'll be charged by the utilities for the tenant's usage during that 10 day period. If so, how do we determine what that amount will be when we only have 21 days to issue a "Security Deposity Refund Letter" itemizing such details?

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

    Default Re: Charging a Tenant for Holding Over After the End of a Notice Period

    Can we retain a portion of the security deposit for rent for the entire month of March?
    Nope, but you can charge them a prorated rent. Rent divided by days in the month = Daily rental rate. Daily rental rate x 10 days = prorated charge.

    Can we retain a portion of the security deposit equivalent to the amount we'll be charged by the utilities for the tenant's usage during that 10 day period.
    Yep. Contact the utilities to ask them to calculate the usage between March 1 and March 10. You have 21 days from the day she turned her keys in, incidentally.

  3. #3
    Join Date
    Mar 2014
    Location
    SoCal
    Posts
    2

    Default Re: Charging a Tenant for Holding Over After the End of a Notice Period

    Am I also allowed to charge for any additional days it takes to repair the damage done by the tenants, and get it ready to re-rent again?

  4. #4
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Charging a Tenant for Holding Over After the End of a Notice Period

    No, although you may use the security deposit to address those damages above normal wear and tear. The amount of days it takes you to repair these damages is the cost of doing business as a landlord.

    Keep in mind that California is very tenant friendly and you must provide your tenant with either their security deposit or information regarding the amount kept (including copies of receipts if above a certain amount) within a certain time period or risk losing the ability to withhold any of this deposit:

    http://www.dca.ca.gov/publications/l...-deposit.shtml

    Gail

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