Tenant moved in and DOESN'T HAVE SECURITY DEPOSIT (rentals, landlord)

[RedDonnaAnn]

So, my question is, when this woman arrived Jan 1 she did not have the security deposit as promised (she is new to LA from NY but is working with a professional friend of a personal friend so I foolishly cut her some slack)

Her lease does not state specifically that security deposit is due upon day of move in. It does state that it can't be used for last month's rent and defines the parameters of her rental terms.

Can I serve her with a 3 day notice to evict? A late fee?

How long do I have until by not requiring her to pay the deposit I am accepting her non-payment in a non-written manner?

Ugh, I knew I should have said no.

[BennyPhoenix]

I dont sign leases or give keys until I receive all rent and deposits that are required.
You need to serve her 3 day notice to provide the deposit. It should do it. If she doesn't pay then At that point you have to decide if you want to evict over not receiving the deposit.

[RedDonnaAnn]

Yup. That's what I thought. And of course I normally don't give a key, sign a lease or pull the ad until I get both checks. But she's working for a friend of a friend so I was nice. And we all know what that gets you: confusion and conflict.

[bayarea-girl]

Mmm, you can't evict her for not paying a deposit as you let her rent the place without paying it. As Bennyphoenix mentioned it is always best to do everything at once. You altered the agreement by not getting the deposit up front. You need to give her a demand notice (which is not a 3 day notice) requesting that she pay it by such and such a date otherwise by such and such a date she will be asked to live. Then when that date comes you issue a 3 day notice. You need to check with your nearest renter's board about what you can and can not do and which is the appropriate manner to handle things.

[bayarea-girl]

Also, you can say that the money she has already paid you went towards the deposit and now the rent is due which then you can give her a 3 day notice.

[BennyPhoenix]

The city in which the rental is in may have some particular rules/laws that govern this. You do need to contact the local housing authority(if there is one) ASAP to find out the particulars of what you need to do.
The deposit is a condition of the lease. Just because she moved in without paying a deposit doesn't mean that you are giving up the right to the deposit. This can get tricky depending on the wording in the lease.

This case is another example of why all rentals should be treated 100% businesslike, regardless if the tenant is a friend or whatever. Preventing problems is in everyone's best interest; landlord and tenant alike.

[RedDonnaAnn]

Thank you BennyPhoenix Dad. I know that. I'm not stupid.

[bayarea-girl]

The desposit is a condition of the lease which was not collected in the beginning. Which is the responsibility of the owner/landlord to collect. Deposits are not rent and can't be treated in the same manner. Without any demands requesting the deposit and or providing a specified date of which some one needs to pay the agreement is altering a lease and might be viewed as giving up the deposit because the landlord/owner let the person move in without obtaining one in the beginning. Creating a huge problem as the tenant can later say that they were not ever asked to pay a deposit, they weren't aware of needing to pay one because of the friendship, or that it was not part of the conditions and or initial conversations.

[palmtree7]

Did you sign the lease without the deposit???

[bayarea-girl]

palmtree7, the OP did not collect the deposit when the lease was signed.