Legal Question in Real Estate Law in California
Tenant Failed to Give Written 30 Day notice
I had tenants (mo-2-mo) who verbally informed me in February, March, and again in April, that they would be moving out on June 30, 2008 since their children have grown and moved out and they needed to downsize. I actually gave them a Written 30 day notice on May 29,2008 (hand delivered) to vacate property on June 30, 2008. On June 29,2008 1-day prior to final move out inspection, they called me and told me that they just found a place and would be staying until July 20, 2008. I informed them that I was not happy with the short notice of them needing an extension. I asked them to send me a pro-rated rental amount up to July 20,2008 and a Written Letter that they would be out of the rental property by July 20, 2008. They sent the pro-rated check up to July 20, 2008 but not the Written Notice. Can I retain their Full security deposit? This Property is in Redwood City, CA.
2 Answers from Attorneys
Re: Tenant Failed to Give Written 30 Day notice
No. The security deposit is to protect you against actual financial loss, not as a penalty for failure to give notice. It doesn't sound to me as though you lost a dime. Further, a court would be justified in holding that you received effective notice by the oral notice backed by the prorated check, and therefore lack of written notice was immaterial.
Re: Tenant Failed to Give Written 30 Day notice
Security is security. You have to predicate it on expenses or losses.
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