Legal Question in Landlord & Tenant Law in California

A 12 month lease contract with my tenant states I will return his $1600 deposit within 30 days after the lease expires, if he decides not to sign another year's lease. He has verbally informed me I should keep the deposit as payment for the 11th month he is in the rental, because I would not be receiving a rental check for the last month. Says he needs to use the $1600 deposit to move, and I should use the money for the last month's rent. He has been a great renter, but that's not the issue. Anything I can do? Thanks very much for responding.

Asked on 6/27/13, 8:57 pm

1 Answer from Attorneys

Kelvin Green The Law Office of Kelvin Green

I am not sure what you are asking... I think this is where you are going...

From someone who has a rental property, the idea of the deposit is to cover any damages or cleaning. If you apply it to last months rent, and he leaves the apartments a mess, you have nothing to deduct it from. He's trying to not pay rent one month and use it to move... But does it come at your expense.

The contract delineates your rights and responsibilities. I would not modify this because you may not be protected in the long run.

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Answered on 6/30/13, 8:48 am

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