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My California tenant Used his deposit toward rent...then stayed?
My California has a month to month rental room (at 800/mo with an 800/security Deposit), He was allowed to move in with a written month-to-month agreement stating he would pay 1st month's Rent (800) and 1/2 the required security Deposit (400) under the conditions that he would split the deposit into 2 equal payments. When the 2nd month came around he said he did not have the full rent (800) nor the remaining 400 of the deposit and paid only 400 of the rent stating he would use the 400 he had on deposit and would move out at the end of the month. He was supposed to move out but was turned down on the place he was moving to. Since then he has been nothing but trouble but has paid full rent on time for 3-4 months while "trying to find a place". He uses racial slurs with the other tenants, leaves the kitchen a mess and creates problems all the time. He has never paid back the 800 owed for deposit. Now he is smoking in the room which is forbidden in his rental agreement and has no deposit to secure the new paint needed when he moves out. I just received his July rent in cash (no receipt issued). I once again asked that he pay the deposit (800.00) or move out.
I want to apply the 800.00 he paid on the 1st toward his long-outstanding deposit and give him a Three Day Notice for the rent.
Can I?
I love the responses but can it please be limited to only people with professional knowledge? Thanks!
I have been a landlord for many years...I just haven't had this particular twist and he is not worth the 800/mo to keep as a tenant.
I have researched the situation and come up with a legal solution. Under Calirfornia Law, Civil Code Section 827, I can notice the tenant with a CHANGE OF TERMS OF TENANCY which will state:
You are hereby notified, in accordance with Civil Code Section 827, that 30
days after service upon you of this notice, your tenancy of the above designated premises will be changed as follows:
In the event an action is brought by any party to enforce any term of this
agreement or to recover possession of the premises, the prevailing party shall recover from the other party, reasonable attorney fees, not to exceed $500.
This will deter any lawyers from taking his case with a huge retainer. Aftre he pays rent on the 1st of August I can give him a Three Day Notice to pay his deposit or leave. On the 5th of August I can file an Unlawful Detainer and start the eviction without fear of a legally protracted contest as he will have to do it all himself...he is very lazy! Thanks for the opinions!
3 Answers
- ?Lv 71 decade agoFavorite Answer
Serve him with notice to vacate. He is a freeloader without any guilt and he is taking advantage of your good nature.
- 1 decade ago
Yes, you can. Write a cash receipt for the 800 as security deposit and give it to him. You can then tell him he is a month behind in rent and you will evict him unless he pays up to date, and immediately serve him notice, in writing. Also state that he must smoke outside and respect the other tenants at all times.
- kunzieLv 45 years ago
Do you have a hire settlement signed? if so, the words of that settlement will prevail, mutually with no remember if or not the deposit $ bears pastime. If she breaks the hire, she could forego the pastime. no person in this communicate board is accustomed to the info of what you and your tenant signed. some hire varieties have a rapid eviction technique. Others do not. manhattan is a tenant-friendly state. you do not ought to tolerate her obnoxious habit. even nonetheless, you need to be arranged to litigate. What if her movers harm your sources in the process the circulate? What if she leaves the region a large number? you will have no recourse in case you at the instant are not keeping the risk-free practices deposit. you're able to hunt for professional advice, and tell your tenant that each and every physique communications between you're able to be in writing. it extremely is advisable to circulate to evict her, if she stops paying hire--even nonetheless you comprehend she desires to circulate quickly. So, see a actual sources criminal professional, and produce your hire and any correspondence between you. and don't subject pertaining to to the pastime. If she paid you for the full term of the hire, and you paid her pastime on her risk-free practices deposit, you are able to calculate that without needing positioned it in an pastime bearing account. If she breaks her hire, she foregoes her risk-free practices deposit plus pastime, because is a default. She sounds like a headache. I guess you are able to not wait to eliminate her! p.s.- If she damages your sources, take photos in the past you restoration- and shop all receipts for maintenance and cleansing. you opt to instruct your case.
