Our tenant is on 6months lease only,and they stayed for 7months automatically the lease becomes month to month and they want to move out and give us only 14days noticed instead of 30days, do we have the right to take half of the security deposit? until now we don't have tenant in our rental its been a month since they left.
Do a settlement statement asap. your state my require it. It lists all deductions from the deposit and you can also list any unpaid rent plus the rent that was due that they missed because of insufficient notice
As others say it may be too late since it has been a month and you have not sent them a settlement letter. You can try to withhold it but if they raise a fuss I would just give it to them because there is a very good chance you would lose in court since you did not send a settlement letter and it could cost you double or triple what you withheld if you lose.
California has specific instructions and ordinances regarding the Security Deposit. You may use an appropriate portion of the Security Deposit for unpaid rent. The State law also says that a landlord is entitled to 30 day written notice of the tenants Intent to Vacate. However, this stipulation may or may not be enforced based upon conditions of the relationship and what written contract existed between the landlord and the tenant. You as landlord were responsible to document and return any unused portion of the Security Deposit within 21 days of the tenants returning the premise to your control. If you did not comply you may be liable to pay up to 3 times the value of the Security Deposit. See California info link. http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml