Landlord Question and Answer Forum

I have a wonderful tenant who just renewed her lease a few months ago for another year. She informs me on the 1st that she and her family can no longer afford to live there and are giving their 30 day notice. I'm afraid the house won't rent for the same amount it's currently renting for. (After reading a few earlier posts, it sounds like I don't have much recourse here) However, I know that in the state of California I have 21 days from last day of occupancy to return any security deposit to them, but if the house isn't rented within that time frame, can I withhold the deposit for loss of rent?

Technically if your tenant signed on for another full year and your lease specifies a beginning and ending date; then you can most likely use their security to pay for unpaid rent. In Callifornia after a tenant moves out, the landlord has 21 days to return the security deposit or send a list of how much each of the damages cost including all receipts. A landlord can only charge a tenant for unpaid rent and for fixing damage, not normal wear. The landlord has to prove that the repairs are necessary and reasonable and must provide you with receipts for those repairs.

Posted by Donna , NC on Monday, October 5, 2009