Full question:
If tenant moves out without 30 days notice at the end of a one year lease, lives there for another 10 days into the next month, and leaves without notice, do we have to give them the security deposit back?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: California
Answer:
In California, the law regarding security deposits is outlined in California Civil Code Section 1950.5. A landlord may only withhold a security deposit for specific reasons, including:
- Unpaid rent
- Repairing damages beyond normal wear and tear
- Cleaning the unit to the level it was at the start of the tenancy
If a tenant vacates the property without providing the required thirty days' notice and stays an additional ten days, the landlord may have grounds to withhold part of the deposit if there are damages or unpaid rent. However, the landlord cannot keep the deposit simply because the tenant did not give notice.
According to the law, landlords must return any remaining portion of the security deposit within twenty-one days after the tenant vacates the premises. The landlord must also provide an itemized statement explaining any deductions made from the deposit (Cal. Civ. Code § 1950.5(g)).
Therefore, if there are no damages or unpaid rent, the landlord must return the full security deposit, even if the tenant did not give notice.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.