Landlord Question and Answer Forum

We have decided not to renew our tenants lease. They were served with a notice to vacate within 30 days. My question is do they owe us the rent for the final month. If they move out and have not paid can we keep the securtiy deposit to cover it?

The tenants are responsible for paying the last months rent. If they do not then you can absolutely use the security for rent however you may need to go after them for other money owed if they have causesdamages beyond normal wear and tear.

Posted by Susan P, CA on Thursday, October 30, 2014

Can you collect the rent for the period of the 30 day notice during the eviction process? Or do you have to wait til after they are evicted

Posted by Martha K, CA on Thursday, October 30, 2014

Unless the lease has expired or you have reasons to evict beyond the payment of rent, you will not be able to evict if they pay. But you may collect rent whenever the tenant pays.

Posted by Daryl J, DC on Thursday, October 30, 2014

Hi, This tenant was given 60 days notice in CA. Anyways, his security deposit was used for one month's rent. There was major damage to my antique furniture that he used in the room as rental with an antique dresser pull missing and some other minor room damage, dirty carpet and an additional one's month's rent. Do I still have to provide an itemized deposition for retaining his deposit when he clearly owes more? I don't want to deal with him anymore (especially in court) and I don't want him coming around my home anymore. I am just relieved that he is out and not having to go through the eviction process. RS

Posted by Rose S, CA on Monday, November 3, 2014

Definitely provide an itemized deposit showing he owes you money.

Posted by Dawn A, WI on Tuesday, November 4, 2014