If only partial deposit is received, is lease agreement still valid?

[Pat Patamaporn]

Hello all,

I did what I should not have done (I know); it worked out a few times before that's why. Here is the situation.

March 31, A prospective tenant, who previously called and talked to me about a month ago, called again and decided to rent my place. He wanted to move the next day but I said I still have someone lived there. He said that was ok. He needed a place, blah blah....... At the end, we agree with $1600 rent/mo, except the 1st month is $1000 (because my previous roommate still there)

April 1, I signed agreement (CA standard form) with my new tenant. The agreement said I have received 1st month rent of $1000 and $ 1600 security deposit ($2000 in cash and $600 in check). However, tenant asked me not to cash that check until the April 15th (because someone else still in the unit). On the 15th, the check was bounced. And until now (April 25), I still have not received the second half of deposit.

Is our lease agreement valid? I want to terminate this lease. How to go about that? I'm think about not to accept the $600 (if he were to pay), and give them 30 days notice to move. Can I do that?

Thank you for any input

[Account Closed]

Once you let him move in, whether he has paid any money or not, you have to start eviction proceedings to get him out. So, I agree with the two attorneys you talked to . Serve him a 3 Day Notice. If he doesn't move out, file for eviction.

If he is just month to month, all you have to do is give him a 30 day notice to move out. You don't even need a reason. But, if you think he won't go, start the eviction process now.