In California, if a landlord returned the security deposit but forgot to collect the last month’s rent, does the landlord have the right to sue the tenant if the tenant refused to pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
In California, if a landlord returned the security deposit but forgot to collect the last month’s rent, does the landlord have the right to sue the tenant if the tenant refused to pay?
Full security deposit was returned. Landlord forgot to collect last month’s
prorated rent. When landlord ask the tenant to pay, they refused.
Asked on January 23, 2018 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, the landord may sue for unpaid rent. While the landord could have taken it out of the security deposit, returning the deposit does not give up the landlord's right to the money or to sue if not paid. The landlord would sue for "breach of contract"--for violating the lease (which is a contract) obligation to pay rent.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.