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Crisz

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Posts: 2
Reply with quote  #1 
this is about deposit in CA. Here is the story:  I bought a house a month ago and took over three renting lease ( 3 tenants with one monthly left on lease) on the house. One of the tenants is the seller's relative so his deposit is waived. He left the house with his garbage behind without notice and I don't have his new address. My agent suggested me charging all these cleaning cost on the deposits of the remaining two tenants because all deposit is attached to the whole building. Can I do that? Will the remaining two tenant go after me for that? Please help me!
OHlandlord

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Posts: 3,812
Reply with quote  #2 
If these 3 tenants are all on the same lease in the same unit, have the other 2 tenants vacated also?    If not, you have nothing to do since the unit is not yet vacant.  No deposit is returned until the entire unit is vacant.  Wait for the others to move out and insist on the full rent for the unit from the remaining two.  If they have all moved out and are on the same lease, the deductions for leaving the place uncleaned come from whatever deposit you have on that unit. You can't prove who's mess was left behind.  They are all in it together.  Whatever deposit you have pays for any damages on that unit.

If the 3 are on separate leases and rent only a room, you can't deduct from their deposit for someone else's mess.  You need to find the old tenant and sue him in small claims court for the cleaning fees.

Crisz

Registered:
Posts: 2
Reply with quote  #3 
Thank you very much for your reply. We actually moved from OH to CA Yes, they're on three separate lease for three rooms. And they moved out at the same time. But the problem is that I can't reach this seller's relative. So I can't identify whether the garbage is his although the other two claim it's not theirs. Ideally I should charge three of them the cleaning cost equally. But I don't have this guy's new address to send the bill since he has no deposit. What should I do??
OHlandlord

Registered:
Posts: 3,812
Reply with quote  #4 
If the garbage was left in his room, find him and sue for the costs.  If the garbage was left in a common area, charge the others since they are also responsible for the common areas and returning those areas clean.  You don't know whose stuff that is.  Everyone will claim it is the others'.  But you do know that the other two used the common areas are were to return the unit clean.  Even if they had no access or responsibility to clean his private areas, they do have some responsibility to clean the common areas.
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