My tent has paid partial payments for rent yet has not fully paid. The rent is late starting the 4th of each month and there is a $25 late f...

Question

My tent has paid partial payments for rent yet has not fully paid. The rent is late starting the 4th of each month and there is a $25 late fee for each day he is late, it is now the 12th and he still owes a few hundred dollars in rent and the late fees have added to $225 in late fees just for this month. I sent him a notice that late fees will continue until the rent is fully paid. If he pays the rest of the rent and not the late fees can I deduct the late fees from the security deposit or is there something else I can do? I live in California.

Answer

A security deposit in California may not be used as an offset on a rental claim without written consent of the tenant.