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  1. #1
    Join Date
    Aug 2014
    Posts
    1

    Default Using Prorated Last Month's Rent to Cover Damages Exceeding Security Deposit

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

    Tenant recently moved out middle of the last month of their lease. They paid the last month of rent and a security deposit (equal to one month) when they signed the lease a year ago. We were able to find new tenants, so we had planned to return a prorated amount of their last month's rent to them. However, upon getting quotes for repairs to the property, the damages they caused will exceed the security deposit.

    Are we obligated to return the prorated rent and pursue the excess damages in small claims court or can we apply the prorated rent to the damages not covered by the security deposit?

    Thanks for your help.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Using Prorated Last Month's Rent to Cover Damages Exceeding Security Deposit

    You can apply all the money to the damages and if the money doesn't cover it all, you can sue for the rest.

    Just make sure you follow the security deposit law with regard to proper and timely notice and itemization.

    See 1950.5 at:

    http://www.leginfo.ca.gov/cgi-bin/di...le=1940-1954.1

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Using Prorated Last Month's Rent to Cover Damages Exceeding Security Deposit

    Also, make sure that you are not charging fees for damage for things that are ordinary wear and tear, and are not trying to claim the full cost of things that are depreciable.

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