Question: I have returned the balance of the security deposit to a former tenant after deducting cleaning charges and insufficient check bank charges. The former tenant claims that I cannot legally deduct the bank charges from the security deposit because that deduction was not specifically stated in the lease. What are my rights?
Answer: California law allows for the use of the security deposit to include other charges than just cleaning, damage and unpaid rent. There is no legal requirement that they must be specified in the rental agreement in order to be enforced by a court.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: Our tenant gave us a 30-day written notice to terminate her tenancy. She moved out 10 days after serving the notice and claims she only owes rent up to the day she left.
Answer: She is liable up the date the 30-day notice expires or you relet the premises, whichever occurs first. You are required to attempt to find a new resident to hold the tenant liable.
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.