Rentals in 95758>Question Details

Kasa Li, Home Owner in Sacramento, CA

when I evict a tenant, can I ask for the utility cost and rental deposit?

Asked by Kasa Li, Sacramento, CA Sun Jun 24, 2012

On the rental lease, it is the tenantresponsible for the water,sewer and the trash bill.

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Ditto to the responses below. See the link as well for more info:

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Hope that helps.

Keisha Mathews, REALTOR®
CDPE®, HRC®, HAFA® Certified
The Short Sale Lady(sm)
Century 21 Landmark Network
(916) 370-1803 cell/direct
(916) 405-3886 fax
keisha.mathews@century21.com
http://www.SheSoldItForMe.com
lic#: 01439130
0 votes Thank Flag Link Mon Aug 6, 2012
When you file an Unlawful Detainer action (eviction) in court, you will be able to get a judgement from the court. Generally, the amount in this judgement is the outstanding rent that the tenant owes you until the date that the tenant gets evicted. You may usually also add the court costs, lawyer, sheriff, process server, etc. (depending on how the lease is worded).

This is different from deducting the outstanding utility bills from the security deposit. This again depends on how the lease is worded. But usually, they can be deducted from the security deposit, as long as you give a detailed account and send it back to the tenant within 21 days after termination of their tenancy.

Gary Link is an established attorney in sacramento that deals with evictions. If you want to do it yourself, just go to the sacramento superior court:
Carol Miller Justice Center
301 Bicentennial Circle
Sacramento, CA 95826
Landlord/Tenant (Unlawful Detainers) - 916-875-7746
they have a free service (staffed by fresh law graduates) that helps you fill in the paperwork.
There is also a law library there.

You can also pose questions at http://www.lawguru.com, here you may ask questions to lawyers for free.

Hope that helps,
James Tan
Bethany Real Estate and Investments
0 votes Thank Flag Link Mon Jun 25, 2012
First and foremost if you are evicting a tenant I recommend talking to an attorney to make sure all of your paperwork previously served was done properly, I recommend Gary Link.

You would reconcile what is owed to you against the deposit being held, you cannot ask for something not stated in the original rental agreement. It's worth the consultation with an attorney to make sure your paperwork is in order. They are also helpful in the collection process.

If your are merely giving the tenant notice to vacate and not filing an actual unlawful detainer against them (eviction) , you need to send them a reconciliation of their deposit within 21 days from their vacate date.

Take lots of photos if you are truly evicting them and are seeking damages in court and make sure you get invoices and estimates for everything you intend to seek from their deposit.

Best of luck although I cannot stress the importance of using an attorney in an eviction process

Bruce Slaton
Realty World eCurb REALTORS
0 votes Thank Flag Link Sun Jun 24, 2012
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