Landlord Question and Answer Forum

Tenants renting a room in my home gave me bad check so served them 3 Day Pay Rent or Quit. They chose to quit. 1. Since they were in breach of the Lease Agreement Terms, do I still have to return their security deposit or will that go towards payment of the rent not paid, plus fees, late charges, etc.? 2. Even if there is nothing left after deducting unpaid rent, fees, etc., do I still have to send them an accounting of all this detail within the 21 day period for return of security deposit? (Calif) 3. I have since learned that I can submit the physical bad check to my bank and ask for it to be resubmitted as a collections item and as soon as there's funds in tenants' account, it will be paid. If I do this and do get paid afterall, how does that affect the previously served 3 day notice, and it's breach of Lease plus affect on security deposit since technically, I will have been paid the rent via this method, but just not under the terms of the 3 day or quit notice? Help!

You can either deduct the rent paid via that bad check from the security deposit OR go through the collection process for collecting a bad check. You are still obligated to follow your state's requirements in returning or accounting for the security deposit

Posted by Donna , NC on Monday, April 12, 2010