Can my landlord keep my deposit if I give notice to leave?

Full question:

I rented a room in a condo. Two days before the month was over i told her that i was having a problem with her dog's hygiene and her boyfriend spending a week there. She said that if i were to leave she would not return my deposit and that we had a verbal agreement on a month to month rent; that it is required by law that i give a thirty day notice. The "verbal agreement" she speaks of was that i would pay on the 1st of every month i planned to stay there and there would be no men spending the night(to provide comfort for the women) and a clean dog because she keeps him indoor and i am allergic to animal dander. I guess my question is can she keep my deposit, like she said she would, and send me to collection?

• Category: Landlord Tenant
• Subcategory: Security Deposit
• Date: 04/07/2025
• State: California

Answer:

In California, if there is no specified term in a rental agreement, the tenancy is considered month-to-month. This means that either party must provide proper notice to terminate the tenancy. For you, as a tenant, this notice must be at least as long as the rental period, which is typically thirty days unless you have lived there for less than a year (Cal. Civ. Code § 1946.1).

Your landlord cannot legally keep your deposit unless there are valid reasons for doing so, such as damage to the property or unpaid rent. According to California law, a landlord can only deduct from the security deposit for specific reasons, including unpaid rent, repairs for damages beyond normal wear and tear, or cleaning costs necessary to return the unit to its original condition (Cal. Civ. Code § 1950.5).

If you decide to leave and your landlord refuses to return your deposit without justification, they may not have a legal basis to send you to collections. You should document your communications and any issues related to the deposit. If necessary, consider seeking legal advice or assistance to resolve the dispute.