Landlord Question and Answer Forum

I have a contract for a rent of 1700 and a deposit of $1700 and a last month rent of $1700. Later, I raised the rent to evidually 1995. The tenant is moving out and said hel is using his last month rent, but it doesn't cover his new rent of $1995. What is his true last month's rent? And can he use his deposit as rent? (I don't think so).

In California all money over the first month's rent is considered deposit. The deposit is for damages after the tenant moves out. Give the tenant a 3 day notice if he has not paid the current month's rent.

Posted by Kathy J, WI on Tuesday, January 20, 2015

Thanks but my question really has not been answered. My question is whether the last months payment is $1995 which is the new rent or $1700 which is what he put down, when he first moved into the place, as a last months rent. And what is the legal issue about him using his deposit as his rent? I pretty sure he can't do it but if you have the specific law code, that would be great. Thanks! Roger

Posted by Roger M, CA on Tuesday, January 20, 2015

Okay here is is more specifically: No matter what the money was called when you accepted it, California looks at is as security deposit, not last months rent. The last months rent is the same as the current monthly rent which in your case is $1995. The tenant cannot choose to use the deposit for rent. Below I have listed the link to the California landlord tenant handbook section on deposits. The handbook has more information about both tenants and landlords responsibilities and rights. Like I said, give him a 3 day notice and likely he will come up with the last months rent to avoid an eviction. http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml#rulesgoverningsecuritydeposits Almost all landlords charge tenants a security deposit. The security deposit may be called last month's rent, security deposit, pet deposit, key fee, or cleaning fee. The security deposit may be a combination, for example, of the last month's rent plus a specific amount for security. No matter what these payments or fees are called, the law considers them all, as well as any other deposit or charge, to be part of the security deposit.89 The one exception to this rule is stated in the next paragraph. The law allows the landlord to require a tenant to pay an application screening fee, in addition to the security deposit.90 The application screening fee is not part of the security deposit. However, any other fee charged by the landlord at the beginning of the tenancy to cover the landlord's cost of processing a new tenant is part of the security deposit.91 Here are examples of the two kinds of fees:

Posted by Kathy J, WI on Tuesday, January 20, 2015