Security Deposits and how they work during CARES Act

[Raquel David]

Hi BP! I am a first-time homeowner and landlord in San Diego. We bought our first duplex in December and inherited a tenant that had their income severely impacted by COVID-19 and couldn't pay us rent for her last 2 months. When she moved out, she understood that her security deposit would be used to back pay her unpaid rent, but she still owes us a balance. Now that she's gone she wants to rescind her offer to back pay rent with her security deposit and is requesting I send her back the full amount. Is this allowed? It seems like such a grey area with the CARES Act. Has anyone else had an experience like this or know a good attorney in San Diego that can help me out with this issue?