Are emails between tenants, landlords admissible in court?

Legal Q&A: Are emails between tenants , landlords admissible in court?

March 20, 2014

Question: I want to rent out our condominium (we are buying a new house), and I need to know how much I can charge for a security deposit. Can I also charge a cleaning, pet and key deposit?

Answer: California law limits the amount of a residential security deposit to twice the amount of the monthly rent if unfurnished, or three times the amount of the monthly rent if the property is furnished. The legislature recognizes all deposits as a security notwithstanding how the parties are identifying it. All deposits, taken together, cannot exceed these limits.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: The lease for one of my tenants expires at the end of this month. He told me to take the month’s rent out of his security deposit because he would leave the apartment clean and in good repair. He told me since it is his deposit, he has the right to deduct rent out of the deposit. What should I do?

Answer: California law requires the owner or manager to account for the use of the deposit no later than 21 days from the date the tenant vacated the unit. Since the tenant has failed to pay rent, a three-day notice to pay rent or quit may be served. If the tenant fails to comply, an eviction may commence to produce a judgment for possession and monetary losses.

Question: Are e-mail communications between tenant and landlord admissible in court?

Answer: Yes, e-mails can be allowed into evidence, but cannot be used to serve notices.

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.

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