Tenant moves out 15 days into new lease and wants deposit back

[Lauren Alpert]

Hi BP community,

I have a rental in Los Angeles, CA near USC. The renters, all young college students, rented a 5 bedroom back house. 2 short weeks into a 12 month agreement, they decide to move out. The previous renter resided there for 15 years and had a roach infestation that we were not aware of, and to be honest, they were extremely dirty. We totally renovated the home and had pest control services come and spray a few times after they moved out, but apparently we needed a few more sprays before it was truly roach-free. The students’ decision to move early was largely based on the roach problem, however we offered to tent the home for pests to put their concerns at-ease. They ultimately declined our offer and chose to move elsewhere.

I requested a forwarding address from them and they eagerly questioned me about the security deposit being returned. I did not plan on returning it for the reason of breaking the lease and not receiving a full 30 day notice to move out. We had to scramble to find another renter, and we even offered a full fumigation despite the financial burden to put their concerns at ease. Anyhow, they told me they are going to have to “talk about it” and see if that will work for them (referring to my response that they will probably not receive their entire deposit back). I didn’t want to be rude but it’s not their decision to decide if I am in the legal right to do that. I also know that I am in a tenant-friendly state and city, and even if I am in the right to charge them, I might still lose if they pursue it. Unfair, but this is the reality. What should I do? What would you do??