Legal Question in Landlord & Tenant Law in California

60 day notice & 3 day notice served

If I was given a 60 day to move but moved in 30 days am I obligated to pay for the remainder of the 60 days I was not in the unit. I also recvd a 3 day notice to pay or quit for that following month after I moved. Before the 3 days were up I tried to return the keys & the landlord would not except them stating we are still obligated to pay rent for the remainder time even though we gave up possession of the property. Is this legal. I thought a 3 notice is just what it says ''pay rent or quit''. We quit, are we still obligated to pay rent for the following month?


Asked on 4/15/09, 4:50 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: 60 day notice & 3 day notice served

Normally the answer is yes, but because of the 3-day notice, it may make for changes. Rent may possibly be due on a pro-rata basis for when they delivered the 3-day Notice. You are correct, it is a "pay rent or quit".

The landlord did not have the option to accept the keys or not. I would send them to the LL via signature delivery so you have proof of returning them.

Make sure the LL also provides you with an itemzed list of possible damages or else return the entire security deposit (if one was paid), there is a time limitation on this for the LL as well.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 4/15/09, 5:36 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California