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  1. #1
    Join Date
    Jul 2016
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    Default What Happens to Prepaid Rent and a Security Deposit After Eviction

    My question involves landlord-tenant law in the State of: CA.
    Hello if I have to evict a tenant , what happens to their security deposit / last months rent? Thanks

  2. #2
    Join Date
    Dec 2012
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    1,026

    Default Re: Bad Tenant

    That depends on whether you are evicting them due to owed rent; is so, the last months rent may be used for this; the security deposit may be used for any additional owed rent as well as damages above normal wear and tear.

    It is important that you follow California statutes regarding notifying the tenant of the status of their security deposit within the required time period after the eviction (or they have vacated); if they have not provided you with a new address you send the information to the last known address (your rental property), collect the letter and keep it unopened in your files as proof that you have met your states requirements.

    It is not unheard of that a landlord will fail to follow this when a tenant is evicted and has left owing thousands of dollars in rent and damages and down the road the deadbeat turns around, sues (and wins) because the landlord did not do the attached:

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

    Gail

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Bad Tenant

    Quote Quoting brkbck
    View Post
    My question involves landlord-tenant law in the State of: CA.
    Hello if I have to evict a tenant , what happens to their security deposit / last months rent? Thanks
    If you are actually evicting the tenant (which means you have filed an unlawful detainer action in the courts), you seek a judgment for whatever your monetary damages are at the time. The deposits held can be used to offset the damages awarded.

    If the amount held as deposits or paid rent exceed the amount owed to you, you return the excess money. As Gail stated, make certain you comply with the applicable laws. California is very specific about the requirements and a failure to comply with the laws can be a very expensive lesson for you.

    If you are meaning you are simply terminating their tenancy, then you follow the laws required. You need to offer to do a walk through inspection. After the tenancy ends, you have 21 days to provide either of all money held or an itemized list of why you are deducting money from the deposits held along with the balance held returned to the tenant.

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: What Happens to Prepaid Rent and a Security Deposit After Eviction

    Quote Quoting brkbck
    View Post
    My question involves landlord-tenant law in the State of: CA.
    Hello if I have to evict a tenant , what happens to their security deposit / last months rent? Thanks
    Is this the same tenant in your house on a month to month rental that you wrote about a couple of weeks ago:

    Quote Quoting brkbck
    View Post
    My question involves landlord-tenant law in the State of: CALIFORNIA:
    Hello this is a question in regards to CA landlord tenant law.
    I rent (2) rooms out in my home , I live there as well. There is a written rental agreement for each of the renters. This is a month to month tenancy.
    Question:
    (1.) I need to do some checks / upgrades to some of the electrical outlets in the house. This is a safety issue. One of the tenants has piled so much stuff into his room that the outlets are not accessible / serviceable. This tenant has basically refused to move the stuff piled in his room inhibiting access to the electrical outlets that need to be serviced. Basically refusing access to the room he rents for necessary repairs / safety checks.

    (2.) The same person has also piled a bunch of "stuff" in the common area (living room) that he is basically using for storage. I know I should have "nipped that in the bud" but I didn't. I let him store a few things that turned into many.
    I need the CA statutes / civil law codes etc. etc. so I can issue him notice and or use to take this person to court / evict etc.
    https://www.expertlaw.com/forums/sho...777&highlight=

    What, if anything, have you done about this since then?

  5. #5
    Join Date
    Jul 2016
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    5

    Default Re: Bad Tenant

    gail in georgia: Thanks for the reply
    I rent two rooms out in my home , there is no problem with rent. The two problems with one of the tenants is that;
    (1.) he refuses to allow access into his room for needed repair / inspection of several electrical outlets ( I did a previous post in regards to this) that could possibly be a safety hazard.
    (2.) Also this same tenant has so much "stuff" piled in their room that the outlets are not even accessible , this stuff would have to be moved to facilitate repairs. His stuff has also become a nuisance in the living room area as well.
    I will be posting a 24 or maybe 48 hr. notice to access the room.
    Question: if access is not granted by this tenant what is the next step,eviction? Thanks

    adjusterjack;
    I haven't done anything yet , want to get all my duck in a row before I begin. One question;
    After notice is posted / served (in CA I believe it's 24 hours) and said tenant still refuses entry what is the next step , eviction?
    Thanks again

  6. #6
    Join Date
    Mar 2013
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    Default Re: Bad Tenant

    Quote Quoting brkbck
    View Post

    adjusterjack;
    I haven't done anything yet , want to get all my duck in a row before I begin. One question;
    After notice is posted / served (in CA I believe it's 24 hours) and said tenant still refuses entry what is the next step , eviction?
    Eviction through the courts is preceded by written notice of termination of tenancy for cause.

    I believe that Section 1161 - 4 applies:

    http://leginfo.legislature.ca.gov/fa...de=CCP&title=3.

    Upon the expiration of the 24 hour notice, if the tenant does not comply, you serve 3 days notice to quit and after those three days are up you file for eviction in court.

    However, 1161.5 allows the tenant to perform within that 3 day period and once the tenant performs (complies with your request for entry - cleans up mess, etc) the termination notice is cancelled and tenancy continues.

    If the tenancy continues and is month to month you then have the option of giving the tenant 30 days written termination notice if you want him out (60 days if he's been living there more than a year).

    Once he's out you follow the provisions of the security deposit section:

    http://leginfo.legislature.ca.gov/fa...tionNum=1950.5.

  7. #7
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Bad Tenant

    Providing that 24 hr notice isn't a negotiation, you're allowed to inspect the premises if you suspect there is a legitimate safety concern. That said, piling items in front of outlets is not, in and of itself, a safety hazard. If they were mill turnings or something then perhaps, but not in almost any other case. 120v isn't going to jump out and bite you. If you decided to press this as one of the reasons you'd be hard pressed to make it stick.

    Beyond that I'd follow AJ's advice. As for me, I'd rather chew off my arm than be a landlord.

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