Can I used my tenant security deposit to cover loss of rent because my tenat refuses to leave after his 30 day notice and my new tenant can’t move in?

my tenant is on a month of month rent and gave me 30 days notice because he’s buying a house, however he’s lender mess up the papers and now he’s aking for more time but won’t tell me how long,but he said that he won’t pay for the full month just for the time he’s gonna stay and I already found new tenants that were suppose to move on the 1st of the month, now prospective tenant won’t rent from me because the also gave 30 days notice and don’t have a place to move. i have to start again adverticing which it could take a month, what can I do?

Asked on June 30, 2009 under Real Estate Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would suggest that you check with an attorney about this, because even innocent mistakes can be expensive for a landlord.  One place to find a lawyer who can help you is our website,

Based on what you've said, though, it sounds like your tenant has continued his month-to-month tenancy by staying on.  And if he hasn't paid the rent in advance, like every other month, you might be able to start eviction proceedings.  There's a good chance that you will be able to keep his deposit, or as much of it as you need to cover the part of the month before a new tenant moves in, if you can get one that quickly.

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