I'm current renting out one of the rooms in my house and the tenant gave their 30 day notice and are wanting to use the deposit as last months rent. When in the lease it specifically says the deposit is not to be used as rent. I've mentioned this and as far as I know they have no intention of paying.
In a normal situation of hardship id normally be okay with this if I knew for a fact there would be no issues with the room, but I know for a fact the room is dirty and messed up. I hire professional cleaning crews twice a month and they've refused every single service.
So, what do I do? Do I just let them not pay, and take them to small claims court later? Do I put a 3 day notice for lease violation, (but legally they get 30 days so idk) or just evict them? When can I evict them? Im not sure and would like input from someone's whos gone through this before. I am in the ventura area of California.
- LILLLv 71 month agoFavorite Answer
I would give her a three day notice and explain to her that once the courts re-open in California, you plan to sue her for violating the lease, back rent, damages and attorney fees\court fees. A 30 day notice at this point is useless since she already gave notice. But you do want the 3 day notice on record for the lease violation.
- Christin KLv 71 month ago
You aren't going to collect from small claims for the misuse of the security deposit, or your chances are very slim. If you have cleaning problems after the tenant leaves, that's DAMAGE--and you will be able to get a judgment if you can prove it was the tenant who did it. (Not hard if you have pictures.) I would not give a 3-day notice--it's almost impossible to enforce them.
I would simply go ahead and let them move, then take photos, have the place cleaned/repaired, and take them to court for that amount. Yes, they violated the lease, but they'll be gone. And you do not have to return the security deposit.
- notLv 71 month ago
You have no rights as a landlord in CA. The best you can do is hope their next landlord calls for a referral.
- SimplytheFACTSLv 71 month ago
no they don't get 30 days for a lease violation...if they don't pay you can legally issue a pay or quit order....but good luck getting a court hearing.
if they have been there more than a year, they legally get 60 days notice...i think that still applies to a room rental.
negotiate, get an estimate on how much the cleaning will cost and ask them to pay that much toward the rent.
refusing a pro cleaning does not necessarily mean is dirty and messed up. in fact, you were violating their peaceful enjoyment by trying to send the cleaning crew in so often,
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- A HunchLv 71 month ago
You aren't going to get a court date until 2021... the renter knows this, everyone in California knows this.
What do you do...
1. They gave notice.
2. You tell them in writing that they are unable to use the deposit for rent.
3. when they do, you deal with it.
4. if they mess up the room beyond cleaning, you take them to court in 2021.
- linkus86Lv 71 month ago
Yes, you let them not pay and pursue them in court. Why, because you have no other choice. I do suggest you mention to them that doing so will cost them more, requiring them to pay the court costs, than what is owed to motivate them to pay what is due.