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I'm in California and i recently had a sub tenant evicted…

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I'm in California and i...
I'm in California and i recently had a sub tenant evicted from a month to month room rental agreement. The tenant stayed 23 days without paying rent during the eviction process. Can I deduct the unpaid rent from their security deposit refund? My contract says:"Owner may withhold from the security deposit only such amounts as are reasonably necessary to remedy resident defaults including, but not limited to:1) in the payment of Rent
Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 8 minutes by:
5/26/2018
Lawyer: insearchoftheanswer, Lawyer replied 2 months ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,210
Experience: Lawyer; developer/owner of RE developments.
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Lawyer: insearchoftheanswer, Lawyer replied 2 months ago

Good afternoon. Yes, absolutely, you can do so. Not only does your rental agreement provide for such, so too does the California law. Specifically, the applicable statute provides as follows:

"1950.5.

(a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant.

(b) As used in this section, “security” means any payment, fee, deposit, or charge, including, but not limited to, any payment, fee, deposit, or charge, except as provided in Section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, including, but not limited to, any of the following:

(1) The compensation of a landlord for a tenant’s default in the payment of rent.

(2) The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant.

(3) The cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy. The amendments to this paragraph enacted by the act adding this sentence shall apply only to tenancies for which the tenant’s right to occupy begins after January 1, 2003.

(4) To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement."

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