If I gave my tenant a 60-day notice to vacate but she left in 9 without paying rent and there are damages, can I keep her deposit for moving without notice?

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If I gave my tenant a 60-day notice to vacate but she left in 9 without paying rent and there are damages, can I keep her deposit for moving without notice?

If I can kep her deposit for moving without notice, can I sue for the damages? I did serve her a 3-day notice and she moved the next day.

Asked on August 12, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can not have it both ways.  You served a 3 day notice and they complied.  You can not keep the security deposit for anything except damage that is over and above normal wear and tear.  You should advise the tenant, in writing, of the right to be present at a walk-through with you as per the law. The purpose of the inspection is to allow the tenant an opportunity to repair damage pointed out by you.  If there is none then you need to return the security.  Good luck.


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