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Help, I want to return deposit!

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Justakidsmom

Junior Member
California
I had a married couple as tenants. The wife calls me and tells me her husband has moved out and she was giving her 30 day notice to move (this was on the 15th). On the 1st of the next month, she asked if she could use some of the security deposit for the last (15)days of rent. I was totally fine with this as I was quite aware of the good condition of the home. The tenant moves out and I owe half of the security deposit back (1/2 of it used for the rent) and she tells me where to send it. I told her that I didn't get the key back from her husband, she said she would tell him to call me. He didn't, so I called him, said he'd get the key to me, (and he did in a couple of days), but said he wanted all of the deposit back.
He says I should have asked him permission to use some of the security deposit for rent payment. I thought CA tenant laws allowed me to use the security deposit for part of the rent if the renter requested it (the wife requested and I agreed.). I owe them some security deposit but where do I send it, they both want it?. Can he sue me for the entire security deposit?
I'd appreciate comments from those who are familiar with CA laws, thank you.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
California Tenants - California Department of Consumer Affairs

It's pretty simple: 1/2 month rent is due and you are allowed to deduct the rent from the deposit. So, if the husband would pay the 1/2 months rent, you could release the entire deposit. I would send it to whomever gave you an address to send it to and I would make the payee on the check both the husband and the wife.

Other than that, you have a right, regardless of permission, to retain enough of the deposit to cover the rent not paid.

send it certified so you have proof of delivery.
 

FarmerJ

Senior Member
yup both names on the check , they can battle it out, even if he moved though it would be normal to change locks after tenant moves but keeping a key can translate into not returning unit to you . send the dep refund check via certified mail to the address you were given or last known address, address the envelope to BOTH of them .
 

Justakidsmom

Junior Member
Help, I want to return deposit

So i guess the real questions are:
1. Can he sue me for using the deposit for part of the rent? (even if his wife asked to do this)
2. The wife gave me a "real" forwarding address first, the husband asked that I drop off the deposit at his parents house (across the street - although he doesn't live there) which one do I use to send the joint check?
3. I am I permitted to use the security deposit in this manner if I agee to do so at the tenants request?
 

Zigner

Senior Member, Non-Attorney
So i guess the real questions are:
1. Can he sue me for using the deposit for part of the rent? (even if his wife asked to do this)
2. The wife gave me a "real" forwarding address first, the husband asked that I drop off the deposit at his parents house (across the street - although he doesn't live there) which one do I use to send the joint check?
3. I am I permitted to use the security deposit in this manner if I agee to do so at the tenants request?
1: Yes, but if you have your ducks in a row (as suggested above) he shouldn't prevail.
2: This was answered above. Send it to the address given and have it made out to "Mrs. Sarah Jones and Mr. Bob Jones".
3: This was answered above.

ETA: To add on to #2, I would send a letter to the husband at his parents address with a PHOTOCOPY of the check you sent and also a copy of the itemization for the security deposit.
 
Last edited:

Justakidsmom

Junior Member
Thanks to all for responding. I plan to take of this take care of this week and hopefully that will be the end of it.
 

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