Can I billing against a commercial space deposit?

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Can I billing against a commercial space deposit?

I rented commercial space to a business and the lease ended at the end of last month We noticed the space had trash piled up inside the door on the first of this month. They did not return the keys until the 16th. by mail. Can we withhold money for the 16 days that they kept the keys or an entire month for not giving 30 days notice?

Asked on February 23, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to answer your question is to read the presumed written lease that you as the landlord have for the commercial rental. If the former tenant was to give you written notice of the tenancy and failed to do so, then under the lease, the failure to give the required notice would seem to have placed the former tenant at risk for the 16 day period that you were not aware that the tenant had vacated and ended the lease.

Make sure you document all recourse you intend against the former tenant in writing as a precaution. I would debit from the security deposit the 16 days for rent where any proper notice of termination to end the lease was not given by the former tenant.


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