Does anyone know SoCal rental law regarding refunding deposits?

Question

I rec'd two months rent plus pet deposit. Tenants want to leave prior to lease end, ok with me. Tenant does not want to pay present rent can deposit be used for last month rent. I don't think so.

Answer 1

California law specifically allows the landlord to use a tenant’s security deposit for four purposes:

• For unpaid rent;
• For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;
• For repair of damages, other than normal wear and tear, caused by the tenant or the tenant’s guests; and
• If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.

The tenant actually does not have the right to withhold the last month's payment.

Under California law, 21 calendar days or less after you move, your landlord must either:

• Send you a full refund of your security deposit, or
• Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the
reasons for the deductions, together with a refund of any amounts not deducted.

The landlord also must send you copies of receipts for the charges that the landlord incurred to repair or clean the rental unit and that the landlord deducted from your security deposit.
The landlord must include the receipts with the itemized statement.

Answer 2

Typically the "security" deposit can not be used ast the last month's rent unless it is stated in the contract. The security deposit is to be used for repairs, cleaning and the such after the tenant has moved out. However, in order to hold the security deposit you have to provide the tenant with an itemized list of deductions to the security deposit. If you want to recover the rent that is owed to you, you would generally have to go to court for it. However, from re-reading your question, you received from the tenant 2 months' rent and a pet deposit. If this is the case it sounds like you have received the first and last month's rent upon the acceptance of the lease agreement and a pet deposit can not be used as rent because it's only a deposit for the tenant to have a pet on the premises and isn't usually the same amount as the rent. Check with a real estate/rental property attorney in your area and also the Uniform Residential Landlord and Tenant Act.