[CA] What should I do when a tenant moves in without paying the full deposit and rent but later vacates and returns the keys?

Lexi, Chatbot

I understand that dealing with security deposits and rent can be quite stressful. Can you tell me how much of the security deposit and rent has been paid so far?

Lexi, Chatbot

Have you communicated with the tenant about their payment situation, and if so, what was their response?

Benjamin

Hey there! I'm Benjamin, an attorney with many years of experience.

I understand you're dealing with a situation where your tenant can't pay the full security deposit and rent but has given you some of it partially. Is that correct? Could you share more about any discussions you've had with the tenant or any actions you've taken so far? How long has this late payment situation been ongoing?

Benjamin

What state are you in?

Benjamin

Got it, thanks for sharing that. Here’s your situation summarized:

• Lease start date: 11/1/25

• Lease signed: 11/2/25

• Keys delivered: 11/2/25 (possession legally began)

• Payments received:

  • $900 on/before 11/2

  • $1,500 on 11/5

  • Total paid: $2,400

• $2,600 still outstanding

• Tenant promised payment by 11/6 at noon

Benjamin

He was correct, you should have formally evicted them and your statement, “or I needed to collect the keys,” can be used against you.

Benjamin

Under California law, once you gave them the keys, they were legally in possession. That means you cannot simply collect the keys or lock them out without formal notice and process.

You would normally need to serve a 3-Day Notice to Pay Rent or Quit to preserve eviction rights.

However, if they voluntarily moved out and returned keys, that can qualify as surrender of possession under CA Civ Code §1951.3 — but only if it was clearly voluntary.

At this point, there is no eviction, because they voluntarily vacated and returned keys.

Keep everything factual and polite:

“You vacated and returned possession of the property on [date]. I’ll send you the final move-out and security deposit accounting within 21 days as required by CA Civ Code §1950.5.”

That’s it. Don’t engage emotionally.

Under CA Civ Code §1951.3, once a tenant returns the keys and you accept possession, the tenancy ends by mutual surrender — not eviction.

You must send a written security deposit accounting within 21 calendar days after 11/6/25 (so by 11/27/25).

Include:

• Rent owed for November up to move-out

• Any unpaid balance

• Cleaning or damage costs (receipts required if over $125)

• Refund or balance due

Do not accept rent or revive the lease unless you sign a new agreement.

Benjamin

If you accepted voluntary surrender, what cause would you have to keep any of the deposit? Did they damage the property?

Benjamin

Since they stayed for a few nights and there are scratches, you can deduct prorated rent for those days and reasonable repair costs.

Document everything carefully.

Regarding your statement about collecting the keys, since they voluntarily moved out and returned them, it is likely not an issue — though they may try to claim they were forced out. Keep communication factual and professional.

Benjamin

Do everything in writing. That ensures you are protected and there is a record. Good luck.

Did that solve your issue? Please let me know if you have any further questions.

You can also prepare a simple one-page note for your records:

Date: ___, 2025
To: [Tenant Name(s)]
Property: [Address]

Acknowledgment of Surrender of Premises

Tenant vacated the premises and returned possession, including all keys, on [Date].
Landlord accepted possession and will complete final inspection and accounting per California Civil Code §1950.5.

[Landlord Signature]