Legal Question in Landlord & Tenant Law in California

My tenant only paid half of the rent for this month. I told him I needed the rest within 10 days but refuses to pay and said the security deposit will cover the unpaid rent. It's a month to month basis and our contract didn't specify penalty for late payment only the due date.

Can I refuse to use the security deposit to cover unpaid rent and give him a 3 day notice to evict if he doesn't pay in 10 days?

I plan to return the deposit but only after I inspect the room.


Asked on 1/09/12, 3:21 pm

2 Answers from Attorneys

Yes, you can give him a 3-day notice immediately if you want to, since he has declined to take your offer of ten days.

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Answered on 1/09/12, 3:32 pm
George Shers Law Offices of Georges H. Shers

The security deposit is just that, a refundable sum held to cover any damages caused by the tenant who has left. It is not a payment of the rent and should not be used to cover rent due while the tenant is still in possession. Be sure to give him the 21 day notice once he leaves and return any security deposit not used to cover damages or unpaid rent. Consider changing you lease contract to provide for a late penalty based upon the actual costs to you of the payment being late and a separate interest charge. You may also want to give the tenant a 30 day notice at the same time as the three day notice as if he does make the rental payment you are stuck with him.

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Answered on 1/10/12, 8:35 am


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