California Apartment Association

Question: One of my tenants vacated the property and left his roommate behind. Both signed the rental agreement, and now the tenant who vacated is demanding his share of the security deposit be returned to him. Is he right? What should I do?

Answer: You are not required to return or account for the use of the security deposit until you regain possession of the property after the tenants have vacated. California requires the deposit be accounted for in writing and sent to the last known address of the tenants no later than 21 days following the return of possession unless the lease requires an earlier time frame. The tenant who vacated early should work out an arrangement with his former roommate. You are under no obligation to account for the deposit at this time.

Question: I own and manage a 10-unit apartment building. One of my tenants gave me 10 days’ notice of her intention to vacate. She wrote that she would not be responsible for rent after that since I have a security deposit and she is on a month-to-month agreement. Is she right?

Answer: Unless you have agreed to a shorter amount of time in which to terminate your month-to-month rental agreement, the law requires a 30-day notice be served by either the owner or the tenant in order to terminate the tenancy.  If less than 30 days is given, the tenant is still liable for the full thirty days unless you were able to re-let the premises before the 30 days ran out.

Question: Last Monday I served a resident with a three-day notice to pay rent or quit. I served it by posting a copy on my tenant’s door, and then the next day, I mailed a copy by certified mail. Someone said I have to mail it through the normal mail. Isn’t certified mail better than normal mail?

Answer: The California legislature has created the procedural laws for serving a delinquent resident with a notice to pay rent or quit. Unless the tenant admits receiving the notice, the notice is invalid unless properly served. In this case, the law is specific and requires that a second copy of the notice be mailed, regular mail.

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.

Recent Legal Q&A posts:

• Legal Q&A: Landlords responsible for former tenants’ mail?
• Legal Q&A: Tenant threatens to paint unit, deduct cost from rent
• Legal Q&A: Outdoor beer-drinking prompts complaints
• Legal Q&A: Tenants say we’re ‘picking’ on them
• Legal Q&A: Must carpeting be replaced within a certain timeframe?
• Legal Q&A: Rental applicant is paid ‘under the table’
• Legal Q&A: Can tenant claim ‘buyer’s remorse’ to get out of lease?
• Legal Q&A: Tenant owing back rent will likely file bankruptcy
• Legal Q&A: I suspect next-door neighbor is dealing drugs
• Legal Q&A: Can I charge tenant for painting unit purple?