San Mateo, CA asked in Real Estate Law and Landlord - Tenant for California

Q: Can my ex-landlord charge me for his new tenants' rent and hotel costs?

This is in California.

My old landlord had his new tenants move in the same night that my roommates and I moved out. This meant that any repairs or extra cleaning that needed to be done were not able to be completed before the new tenants moved in. I had a particularly messy/dirty roommate, and he left his bedroom carpet in major disrepair. The new tenant didn't want to stay in that bedroom (understandably). Now, the landlord wants to take money from our security deposit to pay for (a) a hotel in which the new tenants can stay while he repairs the carpet and (b) a few nights of extra rent, because the new tenants refuse to pay until the carpet is cleaned.

I absolutely understand that money to fix the carpet needs to come out of the security deposit, but can the landlord also use the security deposit money for his new tenants' hotel room and rent?

1 Lawyer Answer
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: These situations often are somewhat vague. If I were you, I would allow deduction for repair of the carpet, but would bargain about offering another deduction for both hotel costs and rent on the vacated apartment. The risk to you, without knowing all the facts, as that the landlord may simply choose to keep the entire amount of the deposit, depending on how big it is. Try to work out a compromise with the landlord.

1 user found this answer helpful

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