If after a 60 day notice expires and my tenant does not leave but then leaves after receiving the summons for the unlawful detainer am I allowed to deduct from their security deposit the rent for the days she remains and for any legal fees paid to the lawyer and court?
Asked on 11/06/13, 11:43 am
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
You can deduct for unpaid rent, but I am not sure about legal fees and filing costs, unless those have become a judgment. You need to make sure you give written notice of the deductions, and a refund of any remaining balance (if any) within 21 days of the moveout.
Answered on 11/07/13, 5:03 am
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