I have a friend who rented a room from a couple in Beaumont, CA. He paid security deposit and first months rent. Unfortunately, he got laid off & had to move. Is the landlord legally able to keep security deposit if he was on a month to month lease but only ended up living there 3 weeks?

Hello Heather:

It depends, but probably so. On a month to month rental, your friend was required to give 30 days written notice of his intent to vacate.

In order for him to be eligible to get his deposit back, he would have had to give notice the day he moved in, and of course, he didn't do that...

So, the landlord is entitled to the 2nd months rent and can take it out of the security deposit.

excon

However the landlord is required to give an accounting of how the deposit was used within 30 days. Failure to do so could result in forfeiture of the ability to hold onto the deposit.