Legal Question in Real Estate Law in California

Landlord and tenant rights

Two questions:

Our landlord has two months' rent as a deposit, and is unlikely to give much of it back when we move next month. Can we legally apply any of this amount to our last month and a half rent?

The lease has no moveout notification clause. However, a letter explaining move in upfront money says, ''Please give us sixty days notice so we can adequately market the space if you decide to move.'' (We did not sign the letter). Does that mean that if we give him less than 60 days, he can charge us rent?

Thank you.


Asked on 12/11/03, 7:01 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Landlord and tenant rights

I'd taken there is no written agreement signed by everybody. Therefore the law is that you must give at least 30 days written notice to terminate your tenancy. The landlord has a deposit but since there is no written agreement my immediate device is get to an attorney goal can write the letter to landlord. This will be much more effective than you doing it and put the landlord on notice that you have hired an attorney and are ready to fight if they don't conform to the law. They may or may not know the law at what they're asking for it is outside of the law. In that letter the attorney can, as I would do, tell them to apply the rent that they have as a deposit to the rent for the last period of time you are at the property. You must leave by the date set forth on your notice. You must leave the property cleaned and in the same condition as you took the property. That means, don't be scumballs a clean up the place. Take pictures of your clean place say you have those in case the landlord soon as you. Reasonable wear and tear it is acceptable. Reasonable, that means no holes in the walls, floor, carpeting. No major stains in the walls were carpeting. If those are there any you are the cause of those you are responsible. Normally a deposit is kept for either security or cleaning purposes. Just be prepared they will argue that the deposit was for cleaning and you cannot use that as any alternative to rent. Yet the advice of the attorney in your area. You want a landlord tenet attorney who understands what the courts do in landlord tenet disputes.

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Answered on 12/12/03, 11:59 am
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Landlord and tenant rights

You cannot apply any amount of your security deposit to your last months rent unless the landlord consents.

Generally tenants need to give a minimum of 30 days notice if the tenancy is on a month to month basis. If adequate notice is not provided, the landlord can require you to pay the full month's rent for the last month you reside in the unit.

The foregoing is general information and assumes that you do not live in any jurisdiction subject to a rent control ordinance. If you do live in such a jurisdiction, the rules may be significantly different.

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Answered on 12/11/03, 7:51 pm


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