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?
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.