My question involves landlord-tenant law in the State of: California
Hey everyone!
Me and my fiancee used to rent out a room in our home where we reside ourselves to a couple of tenants (they are dating if that's important).
On September 2nd, 2014 they told us that they are not going to pay their rent for September nor their utility bills for August.
We gave them 3 day notice "to pay or to quit", which expired today, September 5th, 2014. In this note we stated that they owe us 956$ and they signed it.
They moved out today, September 5th 2014 at 12pm.
We kept their security deposit in the amount of 400$, because (we have all the documentation to prove these amounts - bills, receipts, etc):
1. They owe us their share of utility bills for August in the amount of $159.87
2. They owe us their share of utilities for September 1st - September 5th in the amount of 26.65$
3. They owe us rent for September 1st - September 5th in the amount of $133.33
4. They broke our beach umbrella, which they didn't fix or replace - $42.99
5. We need new clear shower curtain - $8.58
6. Deep clean of carpet - 30$
TOTAL $401.42
Plus, they did not give us a 30 day notice to move out, so I think that we shouldn't even bother to explain to them why we didn't give them back their deposit.
Anyways, we showed them the invoice above and explained why we are keeping their deposit. When they left they told us that they are going to sue us, because our lease does not state that we can use their deposit towards unpaid bills.
This is our rental agreement (lease):
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We ***names of our tenants*** have made $400 Security Deposit to ***name of my fiancee*** on June 29th, 2014. This money will be returned to me in full, if no damage has been done to the property and the room that I will be renting, starting July 1st, 2014.
"Damage" constitutes anything that requires the owner to spend his time and money replacing or repainting. (Ex: broken windows, putting large holes in the wall, permanently staining the carpet, etc.)
The rental amount will be $800/month plus half of all the common bills.
Signatures of tenants
-------------------------------------------------------------------------
My question is - can they really sue us for not giving their deposit back?
If yes, what should we do? Should we go to court on Monday September 8 and sue them for not paying their bills?
Please advice! Thank you!!
Hey everyone!
Me and my fiancee used to rent out a room in our home where we reside ourselves to a couple of tenants (they are dating if that's important).
On September 2nd, 2014 they told us that they are not going to pay their rent for September nor their utility bills for August.
We gave them 3 day notice "to pay or to quit", which expired today, September 5th, 2014. In this note we stated that they owe us 956$ and they signed it.
They moved out today, September 5th 2014 at 12pm.
We kept their security deposit in the amount of 400$, because (we have all the documentation to prove these amounts - bills, receipts, etc):
1. They owe us their share of utility bills for August in the amount of $159.87
2. They owe us their share of utilities for September 1st - September 5th in the amount of 26.65$
3. They owe us rent for September 1st - September 5th in the amount of $133.33
4. They broke our beach umbrella, which they didn't fix or replace - $42.99
5. We need new clear shower curtain - $8.58
6. Deep clean of carpet - 30$
TOTAL $401.42
Plus, they did not give us a 30 day notice to move out, so I think that we shouldn't even bother to explain to them why we didn't give them back their deposit.
Anyways, we showed them the invoice above and explained why we are keeping their deposit. When they left they told us that they are going to sue us, because our lease does not state that we can use their deposit towards unpaid bills.
This is our rental agreement (lease):
-------------------------------------------------------------------------
We ***names of our tenants*** have made $400 Security Deposit to ***name of my fiancee*** on June 29th, 2014. This money will be returned to me in full, if no damage has been done to the property and the room that I will be renting, starting July 1st, 2014.
"Damage" constitutes anything that requires the owner to spend his time and money replacing or repainting. (Ex: broken windows, putting large holes in the wall, permanently staining the carpet, etc.)
The rental amount will be $800/month plus half of all the common bills.
Signatures of tenants
-------------------------------------------------------------------------
My question is - can they really sue us for not giving their deposit back?
If yes, what should we do? Should we go to court on Monday September 8 and sue them for not paying their bills?
Please advice! Thank you!!
Security Deposits: Tenants Moved Out Without Notice Didn't Pay Their Bills - Can We Keep Their Deposit
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