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Updated over 4 years ago on . Most recent reply

User Stats

6
Posts
1
Votes
Shannon Tayllor
  • Real Estate Investor
  • San Ramon, CA
1
Votes |
6
Posts

COVID - Can we take 1/2 of last months unpaid rent from Depoist?

Shannon Tayllor
  • Real Estate Investor
  • San Ramon, CA
Posted

10/02/2020 - tenants notify me they can only pay 1/2 months rent for October due to job loss COVID related.

10/05/2020 - tenants notify me that they are moving in with family, their last day will be 10/30/20.

Their one year lease expires on 12/15/20.

They move out on 10?30/20 with less than 30 days notice and are breaking the lease. They want 100% of their deposit back and they are saying that due to COVID I cannot take the other half of rent from the security deposit due to the COVID related protection.

Can I take the rent they owe from the security deposit? 

They are also asking for receipts for repair work at the house. Is that a requirement? 

Thank you, 

Most Popular Reply

Account Closed
  • Investor
  • San Jose, CA
40
Votes |
61
Posts
Account Closed
  • Investor
  • San Jose, CA
Replied

Yes and yes. But check for any city/county specific laws on the security deposit, but I see that even rent control SF allows it. Make sure you follow the necessary security deposit processes.

https://www.courts.ca.gov/self...

Given how hard it is to evict right now, it's actually good that they are moving out on their own so that should be taken into consideration.

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