CA-no lease security deposit question

[budo101]

5/1/08- California

My 6 mo lease ended Oct 07 on a rental condo. I still occupy and pay same 2400/mo rent w/o lease. I am giving 30 day notice today,but due to the negligence of the LL (owner) over the months, and due to his bankrucy status, I am protecting myself am not payinging my last month and telling him to keep my 2400.00 deposit as May rent.

I am 100% confident I will never see the 2400 deposit otherwise. Many things have deteriorated in the condo due to poor craftmanship and quality and I have just lived with them but always notified him of goings on. I have not broken or damaged a single thing but the signs of things falling apart would be enough for an already shady character [who according to the HOA president, owes thousands in property tax and pymts on the condo] to justify keeping the deposit should I also pay May rent. I do however, plan on having it professionally cleaned and offer him the chance to show the condo during the last month.

As a prior homeowner for years before relocating here to california, I have no idea what the rental laws are.

COULD HE RIGHTFULLY ENTER AND/OR LEGALLY REMOVE ME DURING THE LAST 30 DAYS OF OCCUPATION IF I TELL HIM TO USE MY DEPOSIT AS LAST MONTH RENT? (origional lease deemed it security deposit not last mo rent).

Thank you

You cannnot refuse to pay the last month's rent and may not lawfully ask the LL to withhold it from your deposit. The deposit may not be touched by either party until you have vacated. Failure to pay the last month's rent will cause an eviction suit to be filed against you. This will ruin your court record and make it very hard to be able to find a good rental for years to come. Do not do this. NO LL will rent to someone with an eviction unless they don't care (translate - slumlord!).

You cannot possibly see into the future to know what the LL will do with your deposit. Which is what a judge will tell you as he orders an eviction against you. (Even just the filing of the eviction suit will ruin your court record.) Evictions for non-payment are swift in CA and the sheriff will remove your belongings and place them at the curb once the judge rules for possession in the owner's favor. (Do you want your possessions dumped at the curb for all to see?) If he files for eviction, he will surely also file for a judgement against you for rent, attorney fees, court costs, and any other fees he has to pay. This will ruin your credit record and can be placed as a lien against any property you own now or in the future. Don't risk all of this. Pay your rent.

You should alos request a pre-move out inspection in CA. You have the right to have one to let you know what your LL MAY charge you for. It won't be a comprehensive list, but will give you a chance to go over any possible damage deductions with him before he makes them. You should receive an itemized list and your deposit within 3 weeks of vacating. If you do not, you can sue the LL for the deposit. If he has already filed for BK, this will prevent him from discharging your debt against him for many years to come. He will be unable to buy any more property until he has repaid you. Good luck.